DOCOHENT BESOHE
ED 210 769
AUTHOU
TITLE
INSTITOTION
SPCNS AGENCY
FOB DATE
6 BANT
NOTE
EDBS PBICE
DBSCBIPTOBS
U 011 216
"MarvelT^lfHoias; And Others
Student Litigation: A Compilation and Analysis of
Civil Cases Involving Students, 1977-1961*
National Center for state courts, Williamsburg,
Va,.
EXXON Education Foundation, Nev York, national
Inst,, of Education (ED), Washington, E.C.
[81]
NIE-G-80-0137
209p.
MF01/PC09 Plus Postage.
Athletics: *court litigation: Disabilities:
Discipline; Educational Malpractice; Elementary
Secondary Education; Equal Protection; *Federal
Courts; Federal Legislation; Freedom of Speech:
Hinimum Competency Testing; Beligion; *Schocl Law:
Special Education; *state Courts
Education for All Handicapped children Act
IDENTIFIEBS
ABSTBACT e
This book is a study of civil cases
after 1976, involving students in elementary and hi
number of cases comes to 1,632, of which 769 are co
special education, 290 with disciplinary matters, a
sports.. The remaining "cases deal with racial and se
freedom of religion, establishment of religion, fre
' and other subjects. The study does not include case
teachers or college students, ordinary personal inj
criminal and juvenile actions. The catalog forms th
book, listing cases alphabetically by state. Each c
preceded by one or more code numbers indicating the
(organized under the topics mentioned above into 54
The case entries provide information about the name
history of each case, the issues, and the plaintiff
Other sections of the catalog explain the procedure
cases -ana attempt to estimate the c:mpleteness of t
Additional statistical information provided in the
incidence of cases of each type in each state, the
filed by students or by schools, the types of attor
of filings by year, and the outcomes cf the cases*
, filed in court
gi schools- The
ncerned. with
nd 248 with
x discrimination,
edci of speech,
s involving
ury cases, or
e bulk of the
ase entry is
type cf issue
sub-categories) -
and procedural ■
s» attorneys,
s used tc find the
he compilation,
study includes the
number of cases
neys, the number
(iuthor/HlF)
***** ******************* **** ***************************** ♦*****„.* ******
* Beprodnctions supplied by EDBS are the best that can be made *
* from the original document. *
***************************** ***************** # * ####]>t]>]>###J>#]>##f #)M#)Ml
U* OMITIWMT Of EDUCATION
'INSTITUTE OF EDUCATION
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
ftThb t^cumtnt hat ton roproducod m
rom tht ptrton or orpnintion
it.
M«w ctenooi hr* bo»n m«fc to Improve
rtpcoduction q uttoy.
• Points cfvtew or opinions ttttod in thisdocu-
mom do not n i c —ssriry rsprssom officii NIE
position or pokey.
STUDENT LITIGATION
A Compilation and Analysis of Civil Cases
Involving Students
1977-1981
by
5
Thomas Marvel! , Armand Galfo, and John Rockwell
with the assistance of
Linda Coppinger, Pamela Gersh, Beatrice rtonahan,
Michael Nardolilli, Robert A* Rausch, and Barbara Zaremba
A Publication of the
National Center for State Courts
National Center for State Courts
300 Newport Avenue
Williamsburg, Virginia 23185
This publication was supported by Grant N0.-NIE-G-80-OI37, awarded to
the National Center for State Courts by the National Institute of Education of
the U.S. Department of Education, and by a grant from the Exxon Education
Foundation. Opinions stated in this document are those of the authors and do
not necessarily represent-the official position of the U.S. Department of
Education, the Exxon Education Foundation, or the National Center for State
Courts.
NATIONAL CENTER FOR STATE COURTS
The National Center for State Courts is a nonprofit organization
dedicated to the improvement of justice at the state and local level and the
modernization of court operations. It functions as an extension of the state
court systems, working for them at their direction and providing for them an
effective voice in matters of national importance. In carrying out its
purpose, the-Natipnal Center'thus acts as a focal point for state judicial
reform, serves as a catalyst for setting and implementing standards of fair and y
expeditious judicial administration, and finds and disseminates answers to the ^
problems of state judicial systems. In sum, the National Center provides the
means for reinvesting in all states the profits gained from judicial advances
in any state.
Offices
Headquarters" and Mi d- Atlantic Region —
300 Newport Avenue
Williamsburg, Virginia 23185
Northeastern Region
723 Osgood Street
North Andover, Massachusetts 01845
Southern Region
leoo'lullie Circle, N.E.
Atlanta, Georgia 30329
North -Central- Region
American National Bank Building
St. Paul, Minnesota 55101
Western Region
.720 Sacramento Street
San Francisco, California 94108
Washington Office
2030 M Street, N*W.
WashingtoiSgpJ).C. 20036
Board of Directors
4}
Honorable Theodore R. Newman, Jr.
Chief Judge, District of Columbia
Court of Appeals, President
Mr« Lester Earl Cingcade
Administrative Director of the
Courts, Hawaii, Vice President
Honorable B. Don Barnes
Justice, Supreme Court of Oklahoma
Honorable Albert W. Barney
Chief Justice, Supreme Court of Vermont
Honorable Dorothy T. Beasley
Judge, State Court of
Fulton County, Georgia
Honora^e George C. Berry
Judge, Probate Court, Missouri
Honorable Robert C. Broomfield
Presiding Judge, Superior Court of
Maricopa County, Arizona
Honorable Lawrence H. Cooke
Chief Judge, Court of Appeals of New York
ilonorable Mercedes F. Deiz
Judge, Circuit Court of Orogon
Mr. Haliburton Pales, II
White and Case, New York
Honorable Roland J. Earicy
Judge, Municipal Court of
Ramsey County, Minnesota
Honorable Joe R. Greenhill
(Mef^ Justice, Supreme Court of Texas
Mr* A* Linwood Holton, Jr.
Vice President and General Counsel
America? Council of Life Insurance
Honorable, Wilfred W. Nuernberger
Judge, Separate Juvenile Court
of Lancaster County, Nebraska 0
Honorable Jay A* Rabinowitz
Chief Justice, Supreme Court of Alaska
Honorable John T. Racanelli
Presiding Justice, California
Court of Appeal, First District
Honorable William S. Richardson t
Chief Justice, Supreme Court of Hawaii j;
Honorable Kalis te J. Saloom, Jr.
Judge, City Court of Lafayette,
Louisiana
Honorable Leo M. Spellaey
Presiding Judge, Court of Common
Pleas of Cuyahoga County, Ohio
Mr. Charles H. Starratt, Jr.
Court Administrator, Court of Common
Pleas, Allegheny Count^? Pennsylvania
Mr. James D. Thomas *
State Court Administrator, Colorado
Honorable Joseph R. Weisberger
Justice, Supreme Court of Rhode Island
Honorable Robert A* Wenke
Judge, Superior Court of the State of
California for the County of Los Angeles
iii
Table of Contents
1. INTRODUCTION
2. DESCRIPTION OF CASES IN THE CATALOG .
3* DESCRIPTION OF ENTRIES IN THE CATALOG
4. DESCRIPTION OF ISSUES IN THE CATALOG •
5. PRELIMINARY ANALYSIS OF CASES . . . .
6. CASE SEARCH PROCEDURES
7* ESTIMATES OF COMPLETENESS
8. CATALOG OF CASES
1
2
3
5
16
24
26
31
Tables and List
1. TftflUft Pa f.AgfiM Ptt
2. Incidence of Issues in Each State
3* Number of Cases and of Major Types in Each State ....
4. Status of Cases ;
5. Types of Plaintiff Attorney .
6. Years When Cases Were Filed I
7. Year of Filing by State 1
8. Areas Where Information is Particularly Incomplete . . •
9* List of Published Sources of Information About Education
Cases Involving Students
8
17
19
20
22
23
27
29
States
Alabama . • 31
Alaska . 32
Arizona . 33
Arkansas 35
California 37
Colorado 47
Connecticut 49
Delaware 54
District of Columbia . 55
Florida 59
Georgia 63
Hawaii ......... 67
Idaho '69
Illinois 70
Indiana 80
Iowa 85
Kansas 87
Kentucky 88
Louisiana 90
Maine 93
Maryland 95
Massachusetts 99
Michigan 112
Minnesota 119
Mississippi 121
Missouri 123
Montana • • •
Nebraska • •
Nevada . . .
New Hampshire
New Jersey .
New Mexico .
New York • •
North Carolina
North Dakota
Ohio . • • •
Oklahoma • •
Oregon . . .
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee •
Texas . .
Utah . . .
Vermont . •
Virginia . 1
Washington
West Virgini
Wisconsin .
Wyoming . .
127
128
132
133
134
137
137
151
154
155
160
164'
166
173
175
177
178
182
190
191
192
198
200
201
204
iv
1. INTRODUCTION
.This book is_a._study_ of civil cases, filed in court after 1976,
involving students in elementary and high 3chools. The catalog of such cases
„ comes to 1,632, of which 769 are concerned with special education, 290 with
disciplinary matters, and 248 with sports. The remaining cases deal with racial
and sex discrimination, freedom of religion, establishment of religion, freedom
of speech, and many other subjects. The study does not include cases involving
teachers or college students, ordinary personal injury cases, or criminal and
juvenile actions. The catalog forms the bulk of the book, listing cases
alphabetically by state; each case entry is preceded by one or more code numbers
indicating the type of issue.
me compilation was u ncler* trakmr-f or-two-rea 3 o rig* — The-iirat_was_tj>
discover how frequently the various issues concerning students dre being
litigated. Most government officials and attorneys in the education field havs
limited knowledge about the frequency an? scope of such litigation in their
^states. Many disputes are loc^l,— and because they only involve local school
boards, local courts, and local attorneys, they are little known outside the
particular town or school district.
The second reason for gathering the cases was one important to the
National Center for State Courts as an organization devoted to improving court
structure and operation. We are studying attorneys 1 selection of courts — how
often they choose state courts as opposed to federal courts, why they choose one
forum or the>cther, and what this tells us about areas for improvement. This
topic will be explored riore fully in a second report, to be issued later*
The study of forum choice, it is important to note, influences the scope of the
catalog: we chose topics in which federal law predominates (by excluding teacher
cases and personal injury cases), and we did not include cases filed before 1977,
even though still pending, because we desired a sanple of cases that could be
compared statistically when studying forum choice.
Although some cases in the catalog are available from reported decisions
and from other published sources, most were found by telephoning thousands of
attorneys around the country. As best we can estimate, we have obtained 60 to TO
percent of the cases falling within the scope of the study; the percentage is
higher for 1979 and 1980 cases and lower for 1977 and 1978 cases. Only se/eral
1981 cases are included since the search was conducted over seven months, ending
in early June. The catalog is most nearly complete in the special education
area; we found approximately 80 percent of these cases. The catalog is
reasonably complete in sports, religion, and civil rights cases — probably
two-thirds complete. The most difficult cases to locate were those dealing with
discipline and school assignment, for only lawyers in the immediate vicinity
generally know about these cases. Here the catalog may be substantially less
than half complete.
The book is organized a3 follows: Section 2 defines the types of cases
in the catalog. The third section describes the organization and content of a~
case entry, explaining the types of information given about each case in the
catalog* The fourth describes the issues found in the cases, arranging them
according to an index system that can be used to locate specific types of cases
in the catalog. It also contains a table giving the incidence of cases of each
type in each state. The fifth section gives additional statistical information:
the number of cases filed by students or by schools, the types of attorneys, the
maraberof filings by year, and the outcomes of the cases. The sixth section
explains the procedures used to find the cases — e.g., the published sources of
information and the types of people contacted — and the seventh section attempts
to estimate the completeness of the compilation. Finally, the bulk of the book
is the catalog of the 1,632 cases.
2. DESCRIPTION OF CASES IN THE CATALOG
The catalog contains student litigation filed in court after 1976. A
more exact definition emerges from the following list of qualifications for
inclusion.
1. c Court Cases . Only if a complaint was filed in a state or federal court
is a case included. Cases before administrative agencies are excluded.
2. Cases Filed After 1976 . The cases must have been filed no earlier than
January 1977; even cases filed in late December 1976 are not included. A few
attorneys contacted were not sure whether their cases were filed ,in 1977 or
earlier, and we asked for their best estimate. The date of filing is the date
filed in dthe. original trial court; appeals from trial court decisions are not
included unTess the original trial court filing was after 1976. The few cases e
filed originally in appellate courts are included if filed after 1976. *
3« Cases with Minimum Information . Cases are not included unless we
obtained the case name, the general issue, and a filing date after 1976. A few
cases are included with incomplete information about the procedural history or
the' attorneys.
4. Civil Cases Only . The catalog is limited to civil cases. It does not
contain criminal, juvenile delinquency, status, of fense , or dependency cases, even
though such cases occasionally contain education issues in the disposition
phase. The catalog, therefore, is largely limited to cases in the general
jurisdiction trial courts, although cases in juvenile, family, or other limited
jurisdiction courts ^re included if they otherwise meet the criteria set forth
l\ere •
\
\
N 5* School Cases . The catalog contains only cases involving elementary and
high, school students. It does not include those involving preschool students,
university or college students, trade school students, or incarcerated juveniles;
nor does it include cases involving institutionalized children when the major
issues concern quality of treatment rather than education.
7
6. Cases Involving Students , The catalog does not include cases
involving teachers, school board operations, construction contracts, or a host
of other topics that do not directly involve students A student (or a parent
or guardian) is a plaintiff or defendant in almost all cases listed, although
teachers and others are the parties in a few cases where the issue is closely
connected to student matters, such as curriculum content*
!• No Ordinary Personal Injury -Cases . We excluded ordinary personal
injury cases filed by students (e.g., for injuries incurred during sports).
We included, however, tort suits and other damage actions that involve matters
of student rights, such as actions for damages arising from corporal
punishment. *
For further information about the types of cases in the catalog the
reader should consult Section 4 (page 5), which gives a narrative description
of is'jue categories under which cases may be located in the catalog.
3'. DESCRIPTION OF ENTRIES IN THE CATALOG
The entries in the catalog provide concise information about the name
and procedural history of each case, the issues, and the plaintiffs'
attorneys. The attorneys (or in a few cases, the reported decisions) can be
consulted for more comprehensive information. The following items describe
the contents in each case entry.
1. Name of Case . The short form is used, giving only the .first party
named on each side and only tbs last name of individuals. The spelling may be
incorrect in a few cases, and the exact defendant is occasionally uncertain,
since the attorneys contacted sometimes relied on memory for the case names.
When names changed as a case progressed^ we used the latest name available.
Cases listed in the catalog are styled in the manner requested by the
plaintiffs 1 attorneys. A few attorneys requested "Doe" plaintiffs or deletion
of last names, even though the full names are on record. When the plaintiff
is designated by the full first natae and the initial of the last name, the
case is placed alphabetically in the catalog according to the initial of the
last name (so it -can be located also by the full last name). The same rule
applies when the plaintiff is designated only by initials of first and last
names. Cases styled "In re" or "In the matter of" are placed alphabetically
according to the name of the child.
2. Court in Which Filed . Immediately after the case name is the name of
the court in which the case was originally filed, almost always a general
jurisdiction trial cou^t. When two or more separate cases were filed
concerning the same or similar incidents, they are shown separately if treated
as separate filings by the parties and not consolidated soon after the
filings. Cases removed from a state to a federal court and certified
questions from a federal to a state court' are not counted as separate cases.
The name of the court is abbreviated; for example, a United States District
3
8
Court is "U.S. Dist. Ct." The court location is usually given— the district .
for federal courts (e.g., "W. D.» for the Western District) or the county for
state courts.
3# Date of Piling . The next entry is the' yiar, with, when available,
the month of filing. As previously indicated, the catalog includes only cases
-originally filed in 1977 or later. Attorneys were occasionally uncertain
about the year of filing, especially for cases filed before 1980, and they
were asked to give their best guess. Independent information about the filing
dates, however, was obtained for most' cases from reports or from docket
numbers. In a few rare cases, the attorney would not hazard a guess, but
believed the case was filed after 4976; a filing date is not given for these
cases.
Whether a Class Action . The phrase "class action" is placed after
the filing date whenever the case was filed as aclass action, whether or not
later certified as such. (In most instances the class was never certified,
generally because the certification question was still pending or because the
case was settled before the question was decided.)
5* ^ajQJ^-£ye_nt3_ in the Case. The next entries give the procedural
history after filing. We have included only decisions, mTnp~^T~a^p^-s7~ "
and other events of major significance. We have not included discovery,
settlement discussions, or a host of other occurrences in normal litigation.
Preliminary injunctions and temporary restraining orders are shown when there
is no other court disposition in the case. The decision, if any, by the trial
tcourt (and appellate court) is stated as follows: "Decision Dec. 1980,
D"-- giving the year and month of the decision and the party for whom the court
ruled. The .notation "P* means that the plaintiff won, "D" that the defendant
won, and "M" that the outcome was mixed. We usually used the plaintiff's
judgment about who won the case. It must be recognized, of course, that this
is not an unbiased opinion; so we often used -independent information from
written reports. Still, there is often uncertainty about which side really
won when the-court ruled for the plaintiff on some issues and for the
defendant on others.
Some information about procedural history is not up to date. We
telephoned attorneys from November 1980 to June 1981, and we do not have
current information about many cases located early in this period. When no
information is given about procedure other than the filing date, the case was
almost always still pending when we talked to the attorney. For a very few
cases, we have no information about events after filing.
A case is shown as "settled" whenever the attorney considers it
settled, even though there has been neither a formal settlement filed with the
court nor a formal dismissal of the action. Settled cases include consent
judgments 0 . A case "withdrawn" is one abandoned by the plaintiff without a
settlement. A case is "moot" when the underlying reason for the cause of
action no longer exists (typically, because the child has left the school).
We have made no attempt to determine who actually won the settled, withdrawn,
or moot cases, because that would involve quite subjective judgments by the
attorneys contacted.
The appellate history, if any, includes the date of the Appellate
court filing, date of the decision, and the outcome (P, D, or M). Citations
to trial or appellate decisions are included- Published opinions are cited to
the West Reporter. When there is no such citation, other reference3*a^e u^ed^
when available, especially the Education for the Handicapped Law Report
(EHLR), the Education Law Bulletin (ELB), and the Clearinghouse Heview (CHR).
See the list on page 29 for more information about these referenqes.
6* Ihe Issue * Ihe next item is a short statement of the, issue or
issues ♦ No attempt was made to describe the complex legal questions presentee
by many of the cases. Although the description was usually obtained ''from the
plaintiff's attorney by telephone, every effort ha3 been made to state the
issue in an unbiased manner. We also used descriptions of the issues given-in
published opinions or other sources, especially those listed on page 29. The
issues outlined do not include those collateral to a student's dispute, such-
as attorney's fees. Although many procedural issues are given in the issue
statements, more may have been involved, for attorneys often stressed only the
substantive issues when describing their cases. The issues in special
education cases are prefaced by the abbreviation "Sp. Ed."
The issues are coaed ^i^^iTig-i*Hi^ in
Section 4, and the codes are placed in brackets at the beginning of each !
entry. One can, therefore, locate cases dealing with a particular issue by
first looking at Table 2 (pages 8 to 10) to find the states where the issue
occurs and then quickly glancing down the lefthand side of each entry in the
catalog for the issue code in those states.
7* Plaintiff's Attorney . The last entry is the name, address, and
telephone number of the plaintiff's attorney. We give the plaintiff's
attorney rather than the defense attorney because in studying reasons for
forum selection we necessarily obtained information from the lawyers who had
filed the cases. Only one plaintiff's attorney is named in^each case, even
though many cases have several. We tried to locate the lead attorney (or one
of saveral lead attorneys) for the plaintiff. Information, about the
plaintiff '^ attorney is not given in a few cases, either because they were '
filed by non-lawyer parents (pro se cases) or because we were not able to
determine who tjfie attorney was. Several defense" attorneys asked us to include
defense attorneys also; unfortunately, this process had to' be abandoned after
an initial attempt, because gathering jand checking the name, address, and
phone number of each defense attorney proved too time consuming.
4. DESCRIPTION OF ISSUES IN THE CATALOG
The cases in the catalog have been coded according to the issues as
listed in Table 1, page 7* This lisu of 54 issue categories was developed to
analyze the types of cases being litigated, and to aid readers in locating
cases with specific types of issues. Here we shall describe in more detail
ERIC , d0
than in Table 1 the content qf the issue categories* The purpose is solely to
describe the kinds of cases in the various ..categories; it is not intended to
be a legal analysis of the issues. In fact, tlKre are only a few references
to specific statutes or court decisions.
Handicap Cases
These cases concern special education for handicapped children,
usually based 4>n P.L, 94-142, the Education for All Handicapped Children Act
of 1975 (20 U.S.C. 1401 et seq.). Also, several staues have local statutes
comparable to P.L. 94^142,- notably Massachusetts, whose law preceded P.L.
94-142 and is used' in that state more often than the federal, law. In general,
attorneys in handicap case3 have a choice of suing under either the federal or
the state statutes in the states that have strong education laws for thjg
handicapped.
AS
HI* Placement 'Outside Public Schools [352 cases]. Here the parents of
handicapped children typically seek placement in private day school or
residential school, contending that the regular public schools cannot provide
adequate special education,, A few oases in this category are disputes about
what kind of private placement is more appropriate; and a few more are
requests for public institutional placement or requests by parents for home
- tutorial services. Several are also damage actions for the school's failure
to provide outside placement in the past . Parents often request reimbursement
for placemeirtrwhich-the^ approval of the school.
The school system's defense is typically that it can provide the
needed services for the child within the public school's, often in special
classrooms. Several cases, however, are contests between apparent and the
school over whether the school should pay for residential costs, as opposed to
educational costs;, and in some the question is whether the child is
■sufficiently educable^so that education should be provided at all.
-Although this category contains mdst of the cases involving special
education outside the public school, cases. in Category H7 frequently involve
non-public school* settings, as do some' cas^s in Categories H3 and H9.
H2. Least Restrictive Alternative [66, cases]. Here the parents request
raainstreaming or other less restrictive placement for the child, typically
seeking a community setting for mentally retarded children, placement in
regular classrooms as opposed to special Education classes, or placement in
the local public school rather than a special education facility. It i3 t
interesting to note that thqre.are six 5 or seven times as many cases where
parents desire education outside the public schools as cases seeking a less
restrictive alternative within the public schools/ '
. H3. Placement (other) [^^ cases]. This category contains placement
issues chat do not fall in other handicap categories, such as differences
between parents and the school about which neighborhood school is best for the
child. This category is also used when it is known that placement is involved,
but not whether the parents seek placement in or out of the public school.
ERIC
Table 1 ■
Issue Categories \.
[The brackets contain the number of easels in whifch the issue arises]
H HANDICAP [769]
HI Placement outside public
school [352]
H2 Least restrictive alternative [66]
H3 Placement (other) [27]
H4 Classification [33]
H5 Eligibility [27]
H6 % Better programs [146]
H7 Length of schoql year [46]
H8 Transportation [11]
H9 Which government pays [33]
HO * Other handicapped [36]
PI Due process procedures [112}
5 P2 Discipline of handicapped
child .[67] ' " \
_D_DISCIPLINE [290] , .
, Dl Bus pensi-on-or-expul s io n
- N » (nonprocedural issues) T*77.]
D2 \ Grade reduction or removal *
' t from class [13 jj /
'D3 Suspension from ^port's [29]
D4 Corporal punishment [30] \
Q5 Search and seizure [34]
D6 Request that records be
expunged [7] ,
J)7 Other dJLscipl-irte [9]
D8 ' Procedure in t suspension or
expulsion [145] ■ \
09 JProc^dure in discipline
% - (other) C25]
S REGULATION OF.' SPORTS [186]
51 Transfer rule£,[54].
52 Other eligibility, rules [111]
53 Other spoijts [23]
54 Procedural issues. [9]
E EQUAL PROTECTION [165]
■ -El School segregation [53]
'E2 Racial discrimination (other) [35]
E3 Aliens [7]
E4 Bilitigual education [23]
\ E5 Sex discrimination (other) [8>
- E6. Sex discrimination in sports [28],
E7 School finance cases [12] * *
,E8 Other discrimination [4] •
R RELIGION CASES [73]
Rl Freedom of religion [22]
,R2 'Establishment of religion [31]
R3. Prayer c*ses [9]
R4 Regulation of religious
schools [10]
R5 Religious schools in sports
leagues [5]
FREEDOM AND PRIVACYT65l~
Fl ' Freedom of speech or press [221
•School literature [13]
Dress and grooming [7]
Privacy of and access tp y
records [11] f ^ / /
Inoculation i3sues D5] 4
Home study [7]
F2
F4
F5
F6
B BENEFITS AND SERVICES FROM .
/SCHOQLS [121]
Bl Residency [54]
* B2 School closings [22]
B3 Transportation -(other) [14]
B4 Fees and tuitions [17]
B5 Food ferbgrams [5] w "
B6 Participation in ceremonies [£$
A ACADEMIC MATTERS [30]
Al Competency testing [15]
A2 Education malpractice [10]
A3 Right to diploma (other) [5]
0 OTHER CASES
01 Student rights (other) [35]
TABLE 2 INCIDENCE OF ISSUES IN EACH STATE— ALABAMA TO KANSAS
Issue ALA AK AZ ARK CAL COL CON DEL DC FLA GA 81 IDA ILL IND IA KAN Issue
Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Number
• HL " 4 2 o 1 1 23 2 31 6 26 3 10 8 - 11 4 1 HI
H2 1- -2.6---1211-2-- - H2
H3 -.---1-1 - _3 -1-1 - 2- H3
H4 . • -----2- l?ll..-2'l- - H4
H5 - ----4l- ! ------i_i - H5
H6 21. --7 - 6-3 523152 - a H6
H7.--.a1 - 4- -- -- 10 21--- - H7
H8 --l-lll-l-.-_.i_. H8
H9 - 1 , - - - - 2 ------ 3 - - - H9
HO -----1-2-3-1-12-1- HO
PI. ,1,-1 - 7 - 44 10 1 66-3 - 2 1 PI
P2 -1-1-414--32--33.21 P2
»■ 3- 212-1--11--2611 Dl
D2 -----11------1--1 D2
D3 2---11--. 4 _ _ D3
D4 --l-2i--l-------2 - D4
D5 f - -- -1--------64-- D5
D6 - - - - l----------__ D 6
W ----------- - D7
D8 3-3693---71-1 12 531 D8
D9 1-2-1---- 31- D9
si ---23--1-11-232-2 SI
52 - --1221-14- 6-354-2 S2
53 11-1-- -1------23 - - S3
54 ------1--11----- - S4
El - - 1 1 6 --. - -I---H3I- El
E2 2--33----52--111- E2
E3 - ---- --------1-- - E3
E4 - 2 - - 6 1 ------ 1 1 - - 1 E4
E5 - - - E5
E6 - - l. 22--------31- - E6
E7 -1-1-1---------- - E7
E8 ---.---.--11 - E8
Rl * --K- -2 21------ --1 Rl
R2 - - - - 1-1-----1--- - R 2
R3, ---l------, _ r 3
R4 ----------- 1 - _ _ 1 - R4
R5 - --2---2--- - R5
Fl --- --2----11---1- - Fl
F2 -- --2-------111- - F2
F3 ---1-/----1 - F3
F4 ------1.-1-1--2-- - F4
F5 -1----2--------- - F5
F6 -----2---------- - F6
Bl --11121---1--421- Bl
B2 1 - 1 • ■ 1 ■ • ■' • 3 • • • 1 3 • ■ B2
B3 ---1------------ - B3
B4 - --11-----1--21-. - B4
B5 - "---2------1----- B5
B6 --1--1---------- - b6
Al - - - - 2----53--1-- - Al
A2 --.--4 - - - 1 - - - A2
A3 - A3
01 -2--3---1-2--1-- - 01
8 13
TABLE 2 INCIDENCE OF ISSUES IN EACH STATE— KENTUCKY TO NORTH CAROLINA
Issue KY LA ME MD MAS MIC MIN MIS MO MT NEB NEV NH NJ NM NY NC Issue
ifamber 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Number
EL
H2
H3
Hit
H5
H6
H7
H8
-H9 —
HO
PI
P2
Dl
D2
D3
DJ»
D5
D6
D7
D8
D9
SI
S2
S3
S4
El
E2
E3
E4
E5
E6
E7
E8
Rl
R2
R3
m
R5
Fl
F2
F3
F4
F5
F6
Bl
B2
B3
B4
Bl
B6
Al
A2
A3
01
1
2
1
2
1 2
3 I
- l
- 1
- 2
2 -
- 1
1
5
13
72
2
2
4
1
5
1
2
2
1
1
1
2
5
2
1
6
3
2
1
1
—
1
3
—
3
3
3
1
1
1
1
5
2
1
1
1
1
1
18
8
5
4
4
3
1
2
2
—
1
c
2
2*
2
1
-5
1
1
i
11"
2
1
1
6
1
2
1
4.
2
2
12
2
2
4
3
1
2
1
3
3
2
3
2
1
2
1
1
1
1 .
2
3
3
3
3
3
4
1
2
2
1
2
1
3
2
1
1
5
1
1
1
2
1
3
2
1
2
2
1
3
2
4
1
1
3
1
1
1
1
4
1
1
4
4
5 -
- 1
2
1 1
3
1
1
1
5
1
1
4 1
- 1
1
1
- l
- 1
1
1
- l
1 2
1
1
3
- 1
1. 2
- 1
1 -
1
1
1
1
- 1-2
- - 1
- 1 - 1
1
4
1
5
1
2
1
4
2
1
1
1
1
- F -
- 1
- 2
- 26
4
6
5
2
14
1
2
7
5
12
3
3
2
1
2
2
1
1
8
1
8
1
- 4
1
2
1
2
- 3
- l
•- l
2
2
2
1
1
4
2
5
1
2
1
1
1
4
1
3
2
- 3 1
- 2
- 1
- - 1
2
3
HI
H2
H3
H4
H5
H6
H7
H8
H9
HO
PI
P2
Dl
D2
D3
D4
D5
D6
D7
D8
D9
SI
S2
S3
S4
El
E2
E3
E4
E5
E6
E7
E8
Rl
R2
R3
R4
R5
Fl
F2
F3
F4
F5
F6
Bl
B2
B3
B4
B5
B6
Al
A2
A3
01
9 14
■"•>5 TABLE 2 INCIDENCE OF ISSUES IN EACH STATE— NORTH DAKOTA TO WYOMING
Issue ND OH OK OR PA RI SC SD TEN TX UT VT VA WAS WV WIS WY Issue
Nunber 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Number
Hi" - 1 2 5 8 5 8 - 10 14 2 1 14 3 - 4 - HI
H2 -11121---613211- - H2
H3 - -"-1---1---3-11- H3
H4 -2-12----1- -11-- - H4
H5 . -32--2-----. ------ hs
H6 24613---171195131 H6
H7 21121-1- l«-l-l____ H'7
H8 " " 1------------- - H8
H9 -----13 ; ----11---- - H9
HO - 2 221-1--------!. HO
PI -1--3 - "1 1-2521 3 - -11 PI
P2 --1-224-14-13--- - P2
Dl - 5-17 - -36--1-151 Dl
D2 " " " " " - - - - - D 2
D3 - 6 - -1---11--1--- - D3
D4 "-3--2--131--12-- D4
D5 - 2-11---25------ - D5
D6 ------ ---ii--i-___ D6
D7 - 2- -- -- --1------ - D7
D8 132151-24 12 - -41211 D8
D9 - 5-11---2------- - D9
51 113222--18--1122 - SI
52 -11 37 13 - -- -10 -15 1- -- S2
53 -11-11-111------ - S3
54 " 12-l^---l----___ s4
El 14--2-1--6--2I-- - El
E2 ---------2--3--- - E2
E3 - -1------3------ - E3
E4 - - - - - - - - - - - - - - E4
E5 " " - " - 1------- --- - E5
E6 - 22-11---2---1-- - E6
E7 --2-1--1-------!! E7
E8 - -- -- -- --1------ - E8
Rl -1-2------- 2---1-R1
R2 1-1-12-2121----1- R2
R3 --1------2------ - R3
R4 " - - " - " " " " - - - - - - - - R4
R5 1 - - - . K5
Fl -1-2-2------2---1 Fl
F2 - -- l- -- -- -- i- ____ F2
F3 " " " " " " " - - 1------ - F3
F4 ----1----1--1--- - F4
F5 - - - - - - - - - - - - - - - F5
F6 - -- -- -- -- -- - -- - - F6
Bl - 331--13-6---1-3 - Bl
B2 - -- -1--21------- - B 2
B3 -1--2-I-------11- 33
B4 12----l--l---____ b4
B5
B6
Al
A2 - ^
B5
B6 - 2
Al - -
A3
A3
feERIC
01 - 2- -4-1-41--11-- - 01
10
15
H4. Classification [33 cases]. The primary issue 'in this category is the
method or outcome of the classification process for handicapped chilarL A
^Hn^; ? f ?J SPUte concerns the methods used for testing. (Competency"
testing of handicapped children is coded additionally as Al.)
«• Eligibility [27 cases]. The" issue here is whether handicapped
students are outside the special education program because they are too young
or too old or because they have received a diploma.
H6. Better Programs [146 cases]. Here parents seek better programs for
handicapped children in the public schools, or they seek damages for the
school's failure to provide adequate programs in the past. Typically
requests are for psychiatric services, catheterization, . or better-trained
S£H e ?n C ?M° n t ! achers ' actions fack of special education are
included in this category unless brought specifically for failure to provide
outside placement. H
unwind Jf"**? ° f SC ?° 01 YftaP C46 Cases] - c 0nte£tt tne school's
unwillingness to^ovide special education for more than the regular school-
lonMn^H E? ! U f U S ly are rec * ue3tin « that private school placement be
continued throughout the summer.
A1 H ?* fransportation for Han dicapped Children [n cases]. These cases are
fon P ^ e M abOUt / ha ^ 1 tranSPOrtati0n the'school distriSHus? provide
for hanvicapped children. Cases are placed in this category only if
transportation is the major i^sue; many parents seeking private placement, for
example, alLso request transportation.
a„H 5' rr° h Governmen t Pays [33 cases]* In most of these cases the local
and the state governments disagree about which should pay for residential
d?!?i? e ? f ° r hand f caD P ed children. A few cases are disputes between school
districts over which should bear the costs of a student's special education.
HO Other Handicapped [36 cases]. Most cases here are ones in which the
only information obtained is that it is a special education case Tne
iss e fcatego?ies ClUdeS * ^ d ° n0t f * 11 Within the above lis * of
P1 ' D"e Process Procedures [112 cases]. These issues concern the
procedures required of school districts and the state education agencies in
Itttll ^ UC \ ti0n cases other than discipline cases. Common examples are:
whether the state education agency can review and change a hearing examiner's
~? ? n \ Wh ° provides fc he transcript; whether the parents were given
sufficient notice of a hearing; whether the school board must provide a due
process hearing in a particular situation; and whether administrative remedies
must be exhausted before filing in court. It also includes questions about
the scope of review by the courts of agency decisions .
„ P2- Discipline of Handicapped Children [67 cases]. Tne issue in almost
mi 2 ! ? a3eS 13 the P rocedu » , e required bp suspend or expel handicapped
children.-whether P.L. 94-142 procedures must be' used instead of the school's
regular disciplinary procedures.
Diacipline
This section ccfotains pupil discipline cases, except (1) cases where
the claim is based on special education laws, which are in Category P2, and
(2) cases where the disciplinary action is part of an alleged violation of
students 1 rights enumerated in other issue categories (for example, a student
suspended for criticizing teachers would be in Category Fl, students f * freedom
of speech).
Dl. Suspension or Expulsion (Nonprocedural Issues) [77 cases]. Here a
suspension or expulsion i3 contested on other than procedural due process
grounds. Examples are contentions that there is insufficient evidence of the
alleged offense, that the punishment is too harsh for the offense, or that the
school should not have a policy of automatic suspension for the offense
involved •
D2. Grade Reduction or Removal from Class [13 cases]. In these cases
students 9 grades were reduced or students were dropped from a class because
they were absent or tardy too often.
03. Suspension from Sports [29 cases]. In these cases the school has
suspended the student from an extracurricular activity (nearly always sports)
for ( disciplinary reasons. If the suspension is for eligibility (as opposed to
disciplinary) reasons, the case falls in the sports regulation section, rather
than Category D3.
D4. Corporal Punishment [30 cases]. Most of the cases here are damage
suits against schools and teachers for injuries incurred in paddlings. A few
are suits to enjoin schools from t using corporal punishment or to establish
procedures to be used before giving corporal punishment.
D5. Search and Seizure [34 cases]. Ihe student in most of these cases
contests -a-suspension-that wa^based on evidence obtained during a search
alleged to be illegal. ManySases are also damage actions. Most searches
contested are strip searches or searches conducted on a blanket basis.
D6. Request that Records Be Expunged [7 cases]. Here a remedy sought is
to remove a disciplinary action from the student 9 s records.
D7. Other Discipline [9 cases]. This category contains a few discipline
cases that do not fall within the specific categories in this section.
D8. Procedure in Suspension or Expulsion [145 cases]. These cases
contest the procedures used by the school in suspending or expelling a child.
The claims are based on federal due process guarantees or on state statutes
and school rules that are stricter than the federal guidelines.
D9* Procedure in Discipline (Other) [25 cases]. These cases concern the
proper procedure to be used in disciplinary actions when the discipline is not
suspension or expulsion from school.
Regulation of Sports
The cases in this section involve rules regulating extracurricular
activity; nearly all involve sports teams, although there are a few cases
concerning debating teams, cheerleaders, or the like* The issues concern
rules of state high school athletic associations, which are usually voluntary
associations of high schools established to regulate interscholastic
activities. This section does not include questions about religious school
participation in sports leagues (Category R5), sexual discrimination in sports
(Category E6), or suspension from sports for disciplinary reasons, including
violation of training rules (Category D3). In all, there are 248 cases
involving sports (or other extracurricular activities) in the catalog.
The plaintiffs generally allege that the association's rules were
applied arbitrarily or that the student was not given a proper hearing before
being ruled ineligible. In almost all the cases, speed is important; the
lawyer typically asks the court for a temporary restraining order or
preliminary injunction to permit the child to play in the game next
scheduled. Most of these cases are won or lost within a few days or weeks.
SI- Transfer Rules [54 cases]. Here the athletic association has ruled
the student ineligible for a specific period of time (usually 4 to 6 months)
after transferring from one school to another. The transfer rules are
designed to prevent recruiting.
S2. Other Eligibility Rules [111 cases]. Other common sports eligibility
rules provide that the student: must be under a certain age, is only eligible
for a certain number of semesters in high school, cannot participate in
non-school athletic events, and mijst participate in a certain number of meets
during the school year before entering post-season tournaments.
S3* Other Sports [23 cases]. Most of these cases are disputes over
whether a team can^ enter a state tournament.
Sb* ' Procedural Issues [9 cases]. These cases question the procedure used
by the school or, more frequently, by the athletic association, when ruling on
student eligibility for sports. The issue is usually whether a hearing is
required. Procedural issues jare'probably involved in many more sDorts cases
than designated in the catalog, because attorneys often mentioned only the
substantive issue, leaving out procedural attacks*.
Equal Protection
The cases in this^sec^3t^« contain equal protection issues in which
plaintiffs allege discrimination by reason of race, sex, culture, language, or
financial resources. This section does not include equal protection issues
arising "in special education litigation or cases where an equal protection
claim is not the major claim.
El* School Segregation [53 cases]. These are the typical desegregation,
suits, claiming that schools, or classes within schools, are segregated
according to race or culture.
E2. Racial Discrimination (other) [35 cases]. In these cases the
plaintiffs allege racial or cultural discrimination, other than general school
segregation. The most common example is discrimination in disciplinary
procedures.
E3. Aliens [7 cases]. Here plaintiffs sue for the admission of alien
children into public schools without the tuition charge levied on students
living out of the district.
Bilingual Education [23 cases]. Here students allege discrimination
against non-English-speaking students.
E5* Sex Discrimination pother) [8 cases]. This contains the sex
discrimination cases not involving sports.
r
E6* Sex Discrimination — Sports [28 cases]. In most of these cases, girls
desire to play on boys 1 teams, but in several cases boys sue to play on girls 1
teams.
E7- School Finance Cases [12 cases]. The plaintiffs here claim that
students in less well-financed school systems are denied equal protection and,
typically, fire not given the adequate education required by the state
constitution and statutes.
E8. Other Discrimination [4 cases]. These are miscellaneous
discrimination ca3es; most involve migrants.
Religion Cases
These cases contain issues based on the First Amendment (or on state
constitutional or statutory provisions) concerning either freedom or
establishment of religion.
81 • Freeddm-of Religion [22 cases]. This category contains all freedom
of religion issues not otherwise categorized in this section.
R2. Establishment of Religion [31 cases]. This contains all
establishment of religion issues not in more specific categories. Examples
are Bible distribution in schools by religious societies, religious symbolism
in ceremonies, and transportation to religious schools.
R3* Prayer Cases [9 cases]. In most of these cases, students contest
school prayers or Bible reading, though they occasionally sue for permission
to say prayers in school.
Regulation of Religious Schools [10 cases]. These cases involve
state and local regulation of religious schools, typically in the areas of
curriculum content, teacher certification, competency testing, and reporting
of pupil attendance in accordance with compulsory education laws.
R5. Religious Schools in Sports Leagues [5 cases]. Here religious
schools sue to enter the public school sports league, claiming violation of
religious freedom by excluding them from the league.
1*9
BH. Fees and Tuition [17 cases]. Here students contest fees or tuition
charged by public schools; the claims are almost always based on state
statutes and constitutions calling for free public education. This category
does not contain special education cases.
B5. Food Programs [5 cases]. These are typically actions to force
schools to provide free meals under federal programs.
B6, Participation in Ceremonies [9 cases]. In almost all of these cases
the student is contesting the school's refusal to permit participation in a
graduation ceremony.
Academic Matters
, , ^
iAl.,...,CQropeA.ency Testing [15 cases]. These-are disputes about the- use of
the competency tests that some states require for students to receive
promotions or high school diplomas. Plaintiffs often allege discrimination
against handicapped children, blacks, or other groups. Another common
complaint is insufficient notice of testing, preventing students from properly
preparing for the tests.
A2 ' Education Malpractice [10 cases]: These are tort actions against
school authorities for not educating students; they are based on common law
state statutory or constitutional rights to education, or on special education
laws. Damage suits under the special education laws, however, are not
categorized as education malpractice cases unless considered as such by
counsel.
A3 * Right to a Diploma (other) [5 cases]. Examples are suits to obtain a
diploma after only three years of high school and disputes over the number of
credits needed to graduate. This category does not include competency testing
issues (category Al) or discipline issues (e.g., categories D2 and D8).
Other Cases
, °i« Student Rights (other) [35 cases]. This covers miscellaneous cases
that do not fall in the preceding categories. Examples are cases contesting
the use of undercover police, suits for inadequate funding of a particular
school (as opposed to general school finance cases in category E7), actions
contesting required participation in sex' education programs, and suits
involving gifted and talented programs. No single issue in this category
appears more than three times in the catalog.
5. PRELIMINARY ANALYSIS OF THE CASES
A considerable body of data about the cases has been entered in a
computer for analysis, and the purpose of this section is to present some
preliminary findings. As mentioned earlier, a second report will provide a
Freedom and Privacy
,F1. Freedom of Speech and Press [22 cases 1. About half of these are
freddom-of-speech cases and about half are freedom-of-the-press cases. Most
also, contest suspension or other discipline, but are placed In this category
rather than the* section on discipline.
F2. School Literature [13 cases]. Cases in this category are disputes
about the literature in* school libraries or in course curriculums. Most are,
suits by parents contesting the removal of publications, from the school
library.
P3* Dress and Grooming [7 cases]. These cases contest school policies
concerning hair length, school attire, and similar matters.
F4. Privacy of and Access to Records [11 cases]. These a/'e the few cases
concerning access to student records. The category includes both suits
involving the confidentiality of records and suits by students for access to
their own records.
F5. Inoculation Issues [5 cases]. These are disputes about inoculation
of students, excluding cases where objection to inoculation is on religious
grounds (Category Rl). 0
F6. Home Study [7 cases]. This category contains civil cases concerning
educating children at home. It does not include handicap casss or truancy
prosecutions.
Benefits and Services from Schools
Bl. Residency [54 cases]. These are disputes about which public school a
student can attend at public expense. The issues are virtually always whether
the student is a resident of the school district or whether the residency
requirements should be waived. This category does not include the alien cases
in Category E3 above. A few involve handicapped children, usually falling in
Category H9 as well. The residency cases were particularly hard to find, and
may be substantially under-represented in our search.
B2. • School Closings [22 cases]. Almost all of these suits contest the
procedures used by the school board when closing a school, especially
^questioning whether the school board allowed sufficient public participation
in the decision. * This category does not include school closings when the
major issue is school desegregation (see Category El).
B3* Transportation (other) [14 cases]. These are transportation issues
not in Categories H8, El, or R2. A few cases are about transportation to
private schools, but cases are coded as category R2 whenever there is a First
Amendment issue. Qtner cases are brought by individual parents requesting
better transportation, service to the public schools. Cases in this category
generally have only state law issues.
20 15
Table 3
timber of Cases and, of Major Types in Each
State
in
TOTAL
Cases
Catalog
01
Alabama
02
Alaska
03
Arizona
04
Arkansas
05
California
06
Colorado
07
Connecticut
08
Delaware
09
Dist. of Col.
10
Florida
11
Georgia
12
Hawaii
13
Idaho
14
Illinois
15-
Indiana
16
Iowa
17
Kansas
18
Kentucky
19
Louisiana
20
Maine
21
Maryland
22
Massachusetts
'23
Michigan
24
Minnesota
25
Mississippi
26
Missouri
27
Montana
28
Nebraska
29
Nevada
30
New Hampshire
31
New Jersey
32
New Mexictf *
33
New York
34
North Carolina
35
North Dakota
36
Ohio
37 -
Oklahoma
J8
Oregon
39
Pennsylvania
40
Rhode Island
41
South Carolina
42
South Dakota
43
Tennessee
44
Texas
45
Utah
46
Vermont
47
Virginia
48
Washington
49
West Virginia
50
Wiscohsia^
51
Wyoming
Cases Per
100,000
Students
TOTAL
13
p
7
11
12
0
j
13
0
4
23
0
3
98
0
c
117
47
lfi
4
53
Q
11
7
3d
38
0
3
14
0
23,
17
l n
14
12
O
3
77
U
4
on
29
48
H
11
14
C
0
0
Q
c
3
20
0
J
c
0
24
0
J
7
18
Q
O
10
5
23
145
ij
113
3
20
CJL
3
9
P5
2
JJ
4
16
IP
7
0
31
i n
14
• 11
a
0
3
14
A
w
0
18
1
0
j
6
2
p
c
123
li
1
24
2
A
0
9
7
)i
56
33
A
0
ID
23
c
-?
1U
3
22
<o
14
12
1 Q
0
3
14
11
8
27
3
13
85
J
8
2
5
9
9
7
54
5
31
15:
2
8
9
2
2
24
3
9
8
9
2
1,632
4
769
Handicap Cases
timber Percent
54
27
31
13'
. 48
24
83
64
93
35
55
82
25
38
22
57
33
25
29
56
59
78 -
43
8
47
50
45
27
43
17
33
54-
33
44
20
45 .
42
16
52
74
46
33
63
78
57
50
22
38
25
17
47*
Discipline
Cases
5
6
15
5
1
1
8
2
1
14
16
5
2
6
9
5
4
7
15
4
8
7
1
7
3
2
6
3
16
5
1
17
3
3
12
4
2
7
24
1
8
2
4
6
2
290
Sports
Cases
1
1
4
5
2
2
1
1
5
7
5
10,
9
4
•3
3
. 1
5
5
9
3
1
3
5
1
13*
8
9
16
1
1
2
18
1
6
2
2
2
186
On
raor« complete analysis, especially with respect to the attorneys' reasons for
choice of forum, (There are 1,632 cases in tne catalog and on the computer.
But, ten cases were added to Wisconsin after the data was entered into the
computer, and ten cases on the compuUr are not in the catalog for various
reasons, usually because we did have the name of the case.)
Types of Cases. Statistics about the types of cases can be found in
Tables 1, 2, and 3- Table 2 (at pages 8 to 10) gives the number of cases in
each issue category in each state, and this information is condensed in the
other two tables. Table 1 (at page 7) gives the total number of cases in each
issue category, and Table 3 (at page 17) gives the total number of cases in
each state, along with the number of major case types. The placement of cases
in the major categories (e.g., handicap cases or discipline cases) is probably
yery accurate, but the placement into subtypes, especially for handicap cases,
is occasionally incorrect because we did not' receive enough information from
the lawyers.
Litigation about handicapped students predominates, comprising almost
half the cases in the catalog, far above the other major types (discipline
with 18 percent, sports regulation with 11 percent, and equal protection with-
10 percent). Handicap cases were easier to locate than others; the discipline
cases were difficult to track down in many states (see pages 26 to 28).
Hence, these three tables, while representing the distribution in the catalog
do not present a totally accurate view of the proportions of the various types
of cases nationwide. A rough estimate is that 35 to 40 percent of the
education cases involving students filed after 1976 are handicap cases, and a
quarter or so are discipline cases. Sports regulation cases and equal
protection cases each comprise some 10 percent, and a fourth or a fifth are
other students' rights cases. These numbers, it must be stressed, are only
rough estimates.
The numbers and types of cases differ widely from state to state. "
States with large populations, of course, tend to have far more cases than the
smaller states, but in general the small states have more cases per student,
probably because they have less-developed administrative tribunals to handle
student litigation. (The number of cases per 100,000 students„in Table 3 was
computed by using the number of elementary and secondary school students in
1979, according to Table 247 in the Statistical Abstract of "the United States
1980. /
Otherwise, there seems to be little pattern that may heip explain the^
widely varying numbers of cases, and cases per student, shown in Table 3.
The only noteworthy regional factor is that the New England states have
unusually large numbers of cases per student. The states with manv cases tend
to be those with very large numbers of handicap cases, especially "
Massachusetts and the District of Columbia. The state with the -fewest cases '
per student, New Jersey, has a comprehensive administrative appeals procedure
for education cases, so that most litigation ends before reaching the courts.'
The relatively small numbers of cases in California and Kansas, it should be
noted, are probably due in part to comparatively incomplete information-
obtained there, as explained later. As a practical matter, litigation in New
York and perhaps a few other states .is much greater than suggested by Table 3
because the state court cases there are usually not filed in court until ready
to -go to trial, whereas in most jurisdictions cases are filed when the
complaint is served. ' \
»» \
The differences among states in total cases are at least equalled by
differences in the types 6f\cases. Noteworthy again, are the few 3tates with
very large numbers of handicap eases, considering the size of the 3tates.
^Besides the District of Columbia and Massachusetts, these include Connecticut,
Delaware, Hawaii, Maryland, Nebraska, Vermont, and Virginia. The discipline
and sports cases 'are al3o quite unevenly distributed. Indiana, Louisiana,
Mississippi, and Texas stand out as states where discipline problems' seem
likely to reach the courts . The sports regulation cases are particularly
numerous in Idaho, Indiana, Mississippi, Nevada, Ohio, Pennsylvania, and
Texas. A few other states might rank high in sports litigation, but, as
indicated in Table 8, at page 27, the information obtained was incomplete. 0
Status of Cases. Half of the cases in the catalog have been decided
by the courts; and mosf of the remaining cases are pending without decision
(see Table 4) . The relatively high percentage of cases decided, and the low
percentage of-cases settled or withdrawn, is partly due to the fact that
temporary restraining orders and preliminary injunctions were counted as
decisions for plaintiffs (unless later withdrawn by the court), because
attorneys generally considered them the major ruling in the case. This is
exemplified by the numerous sports cases where students wished to play on the
school team during the next few weeks but where a trial was not possible until
after the season. More non-handicap cases than handicap cases are shown as
decided, mainly because most of the latter are comparatively recent filings
(see Table 6, 'page 22). Education cases, with a high decision rate £nd a low
settlement rate,- are a noteworthy exception to the 90 percent settlement rate
that is widely believed to obtain in ordinary civil litigation.
Table 4
Status of Cases
(1,594 cases where the status is known)
Status
All cases
Percent , (No. )
Handicap
cases
Percent (No.)
Non-handicap
cases
Percent (No.y
Pending
Settled or withdrawn
, Trial court decision
\ (including TROs and
\preliminary in junc tions )
iftppeliate court, decision
30
20
38
12
(487)
(320)
(608)
(190)
III
23
29
5
(328)
(168)
(216)
Jill
19
18
46
18
(159)
(152)
(392)
(151)
100 (1,594)
100 (747)
101 (847)
Totals*
•Rounding off of percentages results in variations of percentage 'totals.
Coding errors account for discrepancies in number totals, but do not affect
the^ percentages.
9
ERLC
; 25
Table 5
o
Types of Plaintiff Attorney
(1,596 cases with attorneys for which information is available)
Type of Attorney
All cases
Percent (No.)
1. Private practitioner 63
2. Attorney employed by local;
state, or federal government 4
3. Attorney affiliated with
a ^non-profit organization 33
3. a. Legal service 19
3.b. Protection & Advocacy 3
3.c. Civil Liberties . 6
3«d. Other non-profit 5
Totals* - 100
(1,013)
(57)
(526)
(297)
(52)
(94)
(8U)
(1,596)
Handicap cases
Percent (No.) ,
6H
H
32
19
7
1
6
100
•Rounding off of percentages results in variations of percentage totals,
number totals, but do not effect percentages.
(182)
(30)
(246)
(144)
(52)
(6)
. (45)
(758.)
Non-handicap cases
Percent (No.)
63
33
18
0
11
5
99
(531)
(27)
(280)
(838)
(153)
(0)
(88),
. (39)
Coding errors account for discrepancies in
. 25
2G
Plaintiffs won slightly more often than defendants in the trial
courts, but the defendants won almost twice as often at the appellate stage.
Plain !£ ffs in handicap cases were slightly less likely to win than plaintiffs
in other cases. %
The Plaintiff. The student or parent (or an organization representing
the interests* of the student or parent) is the plaintiff in 86 percent of the
cases (82 percent of the handicap cases and 89 percent of the others). A
school or state* education agency is the plaintiff (and the student/parents the
defendant) in .12 percent of the cases. In the remaining cases, a little over
two percent, the plaintiff could not be classified as either student /parent or
school/state.
The number*of plaintiffs in each case is usually^mall.
Three-fourths of the cases have a single plaintiff (£ parent or guardian is
not Counted as a separate plaintiff) , and another 12 percent have only two or
three plaintiffs. Only about 5 percent have more than ten children as named
* ^plaintiffs, and only about 18 percent of the cases were filed as class
actions. Handicap cases tepded to hav£>fewer plaintiffs than other cases: 83
percent had a single plaintiff, as opposed to 69 percent for other cases, but
there were as many class actions in handicap cases as in other cases. When
the attorneys were disked whether they filed primarily to create precedent or
primarily to obtain a remedy for the plaintiffs, about 70 percent said
primarily for the plaintiffs, and JO percent gave precedent as a primary
goal. There was virtually no difference between handicap and non-handicap
cases as to the purpose of filing.
Review. of Agency Decisions . About a third of the cases are appeals
from decisions of state-level administrative tribunals (we have data for 87
• percent of the cafces). Because P.L. 94-142 requires plaintiffs to exhaust
administrative remedies (20 U.S.C. 1415), it would be expected that most of
the handicap cases would be appeals from agency decisions. This requirement,
however, is frequently disregarded; only 58 percent of the handicap cases are
appeals from state-level agency decision*.* Such appeals constitute 12 percent
of the non -handicap cases. e ^
Types of Plaintiff Attorneys . Table 5 shows that private
practitioners represented plaintiffs \in 63 percent of the -cases. In nearly
all the remaining cases, the. plaintiffs' attorneys worked for nonprofit
organizations; the largest subcategory,^ legal service lawyers, handled 19
percent of the cases. Civil liberties^ lawyers, who represented plaintiffs in
6 percent df the cases, are generally private practitioners also, but are not
counted here as such because they worked as volunteers for the Civil Liberties
Union. The types of plaintiffs 1 attorneys, in "handicap cases are very much
lik* attorneys in the other cases exciept that, as might.be expected, handicap
cases have fewer Civil Liberties Ifoion lawyers and more lawyers from
protection and advocacy agencies, plaintiffs in only one percent of the cases
were not represented by lawyers.
When Filed . Tables 6 and 7 (pages 22, 23) show the year of filing
for the cases located. Considerably more were filed in 1980 than in other
years, and the numbers are progressively less in prior years. This is partly
due to the search strategy; we made a greater effort to find the later cases,
and lawyers probably remembered recent cases better than earlier ones. Table
7 indicates that the trend toward more cases in later years was much stronger
in some states than others. (Incomplete information probably accounts for the
relatively few 1977 and 1978 cases shown for California, Kansas, Ohio, Oregon,
Rhode Island, and South Carolina.) Another reason for the increased number of
Table 6
Years When Cases Were Filed
(1,609 cases where year of filing is known)
Year All cases Handicap cases Non-handicap
filed Number Percent Number Percent Number
Percent
1977
217
13
65
9
152
18
1978
315
20
144
19
171
20
1979
371
23 '
199
26
172
20
1980
527
33
256
34
271
32
1981 (partial)
179
11
92
12
Jl
10
Totals
1,609
100
756
100
853
100
cases in the later years is the onslaught of litigation following P.L. 94-142,
which gave rise to causes of action in federal courts starting in October 1977.
The number of cases given for 1981 is incomplete. The search ended
in early June 1981, and most of the telephone calls to attorneys took place
months earlier. The proportion of 1981 cases differs from state to state
because the search was completed in some states sooner than in others. The
search ended early in 1981 for Connecticut, Minnesota, New Jersey, New York,
North Carolina, and Wisconsin.
Federal or State Court . Almost half (45 percent) of the cases were
filed in the federal courts. Plaintiff's attorneys in handicap cases selected
the federal court 56 percent of the time, while 36 percent of the non-handicap
cases went there. One reason for this difference is that federal law issues
are more common in handicap cases; but there are many other important factors
influencing the choice between the federal and state courts, such as the
perceived attitudes of the different judges, the differences in the amount of
delay, and^ the relative convenience of the location of the courts. This topic
will be given extensive treatment in a later report. *
28
22
ft
Year of Filing by State
(-1,609 cases for which the year of filing is known)
State
01 Alabama
02 Alaska
03 Arizona
04 Arkansas
05 California
06 Colorado
07 Connecticut
08 Delaware
09 District of Columbia
10 Florida
11 Georgia
12 Hawaii
13 Idaho
14 Illinois
15 Indiana
16 Iowa
17 Kansas
18 Kentucky
19 Louisiana
20 Maine
21 Maryland
22 Massachusetts
23 Michigan
24 Minnesota
25 Mississippi
26 Missouri
27 Montana m
28 Nebraska
29 Nevada
30 New Hampshire
31 New Jersey
32 New Mexico
33 New York
34 North Carolina
35 North Dakota
36 Ohio
37 Oklahoma
38 Oregon
3 9 Pennsylvania
40 Rhode Island
41 South Carolina
42 South Dakota
43 Tennessee
44 Texas
45 Utah
46 Vermont
47 Virginia
48 Washington
49 West Virginia
50 Wisconsin
51 Wyoming
1Q77
17 /O
1 070
X7/ 7
1QOA
1981
1
6
2
4
3
/,
H
2
2
—
7
2
4
5
2
» 6
7
3
Q
0
1h
18
31
26
3
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6
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7
11
6
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1
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12
15
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16
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91
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32
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22
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13
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39
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27
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23
23
6. CASE SEARCH PROCEDURES
The case search procedure .involved as many sources of information as
possible. In all, the most .productive technique was "snowballing" — that is,
asking people likely to be familiar with education cases in a state to tell us
about such pases and to suggest others whom we might contact, then asking the
others for additional cases and names, and so on. The search strategy
contained several steps, listed below.
Initial Search . The first task was to telephone national and
regional organizations that deal with education law issues. We contacted over
50 such organizations, including education law reporting services, national
associations of local education agencies, and organizations advancing the
rights of blacks, Chicanos, women, children, the handicapped, and other
special groups. The purpose initially was to obtain advice and information
about how to organize the search for cases. We also gathered lists of
education law attorneys, and we were giveo*the names of a few cases,, although
most national-level organizations have very little information about
individual cases. A major exception is the Center for Law and Education, in
Cambridge, Massachusetts, which advises legal service organizations on
education law matters. We searched its files and obtained complaints and
other papers from more than a hundred cases.
Search Plan for Bach State—Snowballing . The search plan for
locating cases relied, in the first instance, on contacting Knowledgeable
lawyers about their cases, requesting leads to other cases, and seeking names
of other lawyers likely to have education cases. To start the "snowballing"
chain in each state we telephoned the following:
!• Counsel for the state education agency and the state board of
education (generally lawyers in the state attorney general f s
office assigned to handle education cases).
2. The persons ^sponsible for operating the administrative appeal
process in special education cases and, if applicable, other
types of student cases; also, generally, the state f s special
education director.
3. Counsel for the state association of school boards (or the
director, if the association did not have legal counsel).
4. Counsel for local school boards in the largest city in the state
and in all cities larger than 100,000 population (and,
of course, any other school board attorneys referred to during
the search process.)
5» Local civil rights groups-- especially protection and advocacy
agencies, youth rights advocates, the American Civil Liberties
Union branches, and the Lawyers Committee for Civil Rights Under
the Law.
2* 30
6. Directors or education law specialists of legal service
organizations. in the largest city in the state and in all cities
ov*r 100,000 population; also, the central legal service office
for the state, or for large regions of the state, where those
offices existed.
7. The director of the state athletic association and, in most
states, the counsel for the association*
' 8. Miscellaneous sources: attorneys who had written recent law
review articles on education law, attorneys mentioned in
4 newspaper articles as being involved in education litigation,
: and othcjr attorneys mentioned in the literature who might be
knowledgeable about education litigation.
fcch person called was asked to give information about "education
cases involving students" and about other lawyers to contact. The first task
of toe snowballing search was to obtain cases/from defense lawyers, either
over the phone or, especially when they had many cases, by requesting a
written list. The great majority were helpful, giving us information about
tjheir cases and the name and. telephone number of the plaintiff's attorneys and
referring us to other relevant cases and other attorneys in the education
field. We received the same kind of help from almost all the. plaintiffs 1
attorneys. Legal service lawyers and other non-profit groups were
particularly interested and cooperative. Some attorneys, however, were
understandably unwilling to take the time to review their files for cases they
no longer remembered. -We kept extensive records of the snowballing process,
and it was deemed to be complete when almost every case or person mentioned
had been referred to earlier. -
Published Sources . A further source of cases was found in references
in published materials, although only a small percent of the cases in the
catalog. have been published. The foremost published source, of course,
consisted of reported opinions, found through ordinary legal research. Next
we used several dozen books and reporting services containing references to
published and unpublished education cases. These sources are listed on page
29. Some were used near the end of the search, as discussed, later, to enable
us to estimate the thor«xgtmess of our search. Infrequent but helpful sources
of 'information were statewide digests of education cases prepared by school
board attorneys or by the state education department . Extensive lists exist
in Illinois, New Jersey, New York, Ohio, and Pennsylvania.
Newspaper clippings were a further source of published information,
about education cases. We subscribed to a newsclipping service from October
1980 through April 1981 and received information on almost ninety cases
falling within the scope of this study. A half-dozen well-known cases, such
as the Baton Rouge and Los Angeles desegregation cases, accounted for the vast
majority of the clippings received.
1
Detailed Case Information , We relied on telephone interviews with
plaintiffs 1 attorneys for most of the information in the catalog; in roughly
half of the cases we also have information from school board attorneys, from
complaints or. other pleadings in the case, or from published accounts of the
case* Telephone calls to plaintiffs 1 attorneys were quite short; they usually
lasted five to ten minutes per case, and few attorneys had more than two
ocases. Less than one percent declined to provide information about their
qases.
Circulating Draft Catalogs . A preliminary state catalog of cases was
circulated to attorneys in each state. We sent copies to all plaintiffs*
attorneys with cases in the catalog, to other attorneys contacted who had a
substantial education law practice, and to all others who asked for copies.
We requested that they respond if they wanted the final version of the catalog
and we asked for corrections jand additions. A number sent in corrections, but
only a few mentioned new cases falling within, the scope of our survey.
7- ESTIMATES OF COMPLETENESS
.Although we have tried to be as thorough as possible, our results are
far from complete. Tfeible 8 (page 27) shows categories of cases where we
believe our information is particularly incomplete. Also, several states are
especially incomplete for specific years, as discussed above on pages 21 and
22.
Our ability to locate cases of a particular type depended primarily
on the concentration of defense attorneys for that type of case. For example,
sports eligibility cases were relatively easy to find since, in almost all
states /they are defended by a single attorney representing the athletic
association. In special education cases, a state agency is usually made a
party defendant, so attorneys in the attorney general^ office or in the
department of education defend these cases on behalf of the state. We were
able, therefore, to locate theSe cases easily if, as usually happened, these
defense attorneys helped us. Most of the other types of cases, especially
discipline cases, are widely scattered, and were located by calling local
sources, particularly school board counsel and legal service attorneys. Here
our search was more hit or miss.
Another factor, of course, is .the publicity given cases. Attorneys
are more likely to know about interesting or important civil liberties
litigation, such as desegregation cases, bilingual education cases, and
disputes about school newspapers, than about the mundane discipline actions
for marijuana possession or disputes as to whether the student is a resident
of the school district.
In order to obtain more definite, but still far from exact,
information about the completeness of our search, several published sources
were not consulted until after the snowballing was almost completed. The
cases from these- publications are predominantly pending cases or cases decided
~ 26 32
*'.»-> *
;^Cv} • - - -
&2T
* Table 8 .
Areas Where Tn formation is Particularly Incomplete
State
Alabama
Arizona
Arkansas
California
Colorado
Florida
Iuaho
Illinois
Indiana
Iowa
Kansas
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
New Hampshire
New York
Oregon
Pennsylvania
Rhode Island
Appeals from
State Agencies
X
X
X
X
Sports
X
X
X
Appeals from
School Boards
X
X
X
X
X
X
27
* 3 Q
without published opinion. The results of the comparison between our search
and these publications varied greatly from source to source, but all together
they suggest that, in the end, we have located about 60 and 70 percent of the
cases, with a higher percentage of the handicap cases • Ihe results from the
various sources were as follows.
e
Snowballing had uncovered 84 percent of the cases in The P.L. 94-142
Case Reporter ; the latest edition of the Reporter contained 76 cases rele^nt
to our study, and almost all of the 12 cases we had not located were early
cases filed before 1979. Another indication of the^greater difficulty in
finding earlier cases is that we had found only 58 percent of the 26
applicable cases shown in Education of the Handicapped Litigation Brought
Under P.L. 94-142 and Section 504 . which was published in September 1978.
As for the sports cases, we had initially found only a quarter of the
one hundred relevant cases in the Mutual Legal Aid Pact Summary of Cases and
the Legal Letter , but we had not yet called the prime source of information
about sports cases, counsel for the various state high school athletic
associations. Since the snowballing was supplemented by all these sources, we
have probably found the great majority of sports cases. The exceptions are
noted in Table 8.
Checking our initial results against newspaper clippings compiled by
a clipping service from October 1980 through April I98I showed that we had
found only 34 of the 88 cases that fell within the scope of our survey. We
had most of the handicap cases, but less than a third of the discipline cases
and less than a tenth of the sports cases reported. The newspaper cases were,
however, quite recent; many of them were filed after we had called the lawyers
in their locality, and others were so new that word about them had not spread
through the legal community. '
The final comparison was made with the Clearinghouse Review , which
contains legal service cases. We had located 79 percent of the 127 cases —
falling within the scope of the catalog in the May 1977 to April I98I issues.
This, however, overstates the completeness of the search because we had
obtained several of the cases from the files of the Center for Law and
Education, which advises legal service organizations and presumably informs
the Review of recent developments.
We, of course, included the cases found from these publications, and
asked the attorneys for information about other cases. This additional
search, therefore, increases the degree of completeness beyond that suggested
by the percentages given in the above comparisons.
We estimate that the catalog is approximately 60 to 70 percent
complete. We base this estimate on the comparisons with published materials
mentioned above, on known gaps in our snowballing search (see Tablej 7 and 8),
and on guesses about what types of cases are not likely to be widely known.
We estimate that the catalog is about 80 percent complete £or handicap cases;
about two-thirds complete for most other types of cases, including sports,
religion, and civil rights cases; but 50 percent or less complete for
discipline cases and cases relating to residency requirements- for school
attendance.
28 34
LIST OF PUBLISHED SOURC ES OF INFORMATION ABOUT EDU C ATION CASES
INVOLVING STUDENTS "
The Advocate. Christian Legal Society, Oak Park, III.
Clearinghouse Review. Legal Services Corporation, Chicago, 111.
Compendium of Court De cisions on Special Education . College of Education,
Northern Illinois University (John M. Nagle, Ed.)
Education Law Bulletin. Center for Law and Education, Inc., Cambridge, Mass.
Education for the Hand icapped Law Report . CRR Publishing Co,,
Washington, D.C.
Education of the Han dicapped Litigation Brought Under P.L. 94-1 1»2 and
Section 504, Institute for Educational Leadership, The George Washington
University- Washington, D.C, Sept. 1978 (Sharon A. Kowal, Ed.)
Vo^q" 1 ^ 3 Dockbt3 ' Meiklejohn Civil Liberties Institute, Berkeley, Calif.,
In the Running, Womens Equity Action League Educational and Legal Defense
Fund / 'Washington, D.C. -
Journal of Law and Education. Institute of Law and Education, Columbia, -
Legal Letter. The Ruedlinger Companies, Kansas City, Mo.
Mental Disabilities Law Reporter, American Bar Association Commission on
MentaUy Disabled, Washington, D.C.
Mutual Legal Aid Pao't .Wry »f National Federation of State High
School Associations, Kansas City, Mo.
NASBE Legal Notes, National Association of State Boards of Education,
Washington, D.C.
Newsnotes. Center for Law and Education, Cambridge, Mass.
NOLPE Notes, National Organization on Legal Problems of Education.
Topaka, Kan. '
NOLPE School Law Journal". National Organization on Legal Problems of
Education, Topaka, Kan..
NOLPE School Law Reporter. National Organization on Legal Problems of
Education, Topaka, Kan.
The P.L.-94-l42-€ase-ReporterT-BeveloDmen^-t-ns «aM t s h« La W p ro i e ct,'
University of Maryland Law School, Baltimore, Md.
Protection and Advocacy Newa. Developmental Disabilities Law Project,
Baltimore, Md., April 1981 (Patrick Spicer, Ed.).
School Law Bulletin. Institute of Government, The University of North
Carolina at Chapel Hill, N.C.
School Law News. Capitol Publications, Washington, D.C.
The School Law Newsletter . Oxford, Ohio
The School Student and the Courts . School Administration Publications.
Asheville, N.C.
The Schools and the Court 3. School Administration Publication, Asheville,
tJpdate on State-wide School Finance Cases . Lawyers' Committee for Civil
Rights 'Aider the Law, Washington, D.C, April 1980
29
ALABAMA
[D3 M] Burton v. Talladega Bd. of Ed. U.S. Dist. Ct. N.D. Feb. 1981.
Suit for damages and injunction for disciplinary exclusion from extracurricular
"activity (national honor society) on the grounds that the school violated the
students due process rights. Edward Still; Suite 400, Commerce. Center, 2027
First Avenue, N., Birmingham 35203, 205-322-6631.
, t H ^3 JJC^ v. Dallas Co. School Bd. U.S. Dist. Ct. S.D. Ma£ 1980.
Class action. Settled. Sp. Ed. Suit for tutorial services for handicapped
children and private placement. - J.L. Chestnut, P.O. Box 1305, Selma 36701,
205-875-9264.
[H2] Campbell v. Talladega C o. U.S. Dist. Ct. Feb. 1979. Decision
Mar. 1981, P. Sp. Ed. Suit to obtain admission to public schools and
mains treaming for a student considfered severely handicapped by the schools, and
to establish a proper IEP. Patricia Ivie, Legal Services Corporation of
Alabama, 207 Montgomery Street, Montgomery 36104, 205-832-4570.
[S3] Dollins v. Crew . U.S. Dist. Ct. N.D. 1977. Decision, D. CCA
5. Decision, D. Suit challenging procedures for selecting cheerleaders, *
whereby two negative votes prevent & girl from becoming a cheerleader. Edward
Still, Suite 400, Commerce Center, 2027 First Avenue, N., Birmingham 35203,
205—322-6631. <*
[HI] Joyce tte G. v. Alabama Dept. of Ed. U.S. Dist. Ct. M.D. Feb.
1981. Class action. Preliminary injunction denied Mar. 1981. Sp. Ed. Suit
for residential placement. Steve Ellman and Ira Burnin, Southern Poverty Law
Center, P.O. Box 548, Montgomery 36092, 205-264-0286.
4 [°1 D8] In re: Michael G. Juvenile Ct. Etowah Co. 1979. Settled.
Students contest expulsion, claiming lack of due process and lack of evidence
of any violation of a code. Sue Thompson, Legal Services Corporation of
Alabama, 802 Chestnut Street, Gadsden 35901, 205-543-2435.
[HI] Johnson v. Covington . U.S. Dist. Ct. M.D. 1979. Class action.
Withdrawn. ' Sp. Ed. Handicapped student seeks to attend school closer to home
and contests placement in, least restrictive environment. Brenda Seay, Alabama
Developmental Disabilities Advocacy Program, 913 Fourth Avenue, Tuscaloosa
35401, 205-348-4928.
[HI H6] Mason y. Mobile Co. Bd. of School Commission . U.S. Dist. Ct.
S.D. June 1979. Class action. Sp. Ed. Suit f^or failure to provide adequate
physical facilities for handicapped students. Plaintiff requests damages and
payment by school board for alternative placement and services (tutors).
Robert Smith; Collins, Galloway & Smith, Suite 525, Bel Air Office Mall II,
3100 Cottage Hill Road, Mobile 36606, 205-476-4493. x
[H6 PI] Parker* v. Auburn City Schools . U.S. Dist. Ct. M.D. Apr. 1981.
Sp. Ed. Challenging procedures for selecting hearing officers for due process '
hearings, and to obtain appropriate services for learning disabled child in
school. Robert Smith; Collins, Galloway, & Smith, Bel Air Mall II, 3100
Cottage Hill Road, Mobile 36601, 205-476-4493.
[E2] Bobbie S. y. Dallas County Bd. of Ed. U.S. Dist. Ct. May 1979.
Decision Dec. 1979, D. 480 F. Supp. 1324. Consolidated into Lee v. Macon Co.
Bd. of Ed. *; RaciaJ. discrimination suit alleging that racially based tests are
31
used t i track students* Brooker Forte, Legal Services Corporation of Alabama,
Inc., P.O. Box 454, Selma 36701,, 205-875-3770 ♦
[Dl D8] In re: John S. Juvenile Ct. Etowah Co* 1979* Decision Dec*
197S, P* Students contest expulsion, claiming lack of due process and lack of
evidence of any violation of a code* Sue Thompson, Lega?. Services Corporation
of Alabama, 802 Chestnut Street, Gadsden 35901, 205-54^-2435*
[Dl D8 P2] Student »1 v. TQscaloosa City Bd. of Ed. Cir. Ct. Tuscaloosa Co*
1981* Class action* Sp. Ed* Challenging suspension and exclusion policies
of handicapped arid nonhandicapped students on procedural and substantive due
process grounds* Richard Ebbinghouse, Alabama Legal Services, 912 Fourth
Avenue /Tuscaloosa 35401, 205-758-7503*
EP3 E2] Williams v. School Bd. of Thomasville . U.S. Dist. Ct. Oct.
1980. Moot. Suit to reinstate a student to a football team, claiming he was
dismissed because he was black. J. L. Chestnut; Chestnut, Sanders, Sanders &
Turner, P.O. Box 1305, Selma 36701, 205-875-926'*.
ALASKA . &
t
[E73 Akiak v. Ljnd * Superior Ct* 1980* Suit to force state to
cooperate with a native school, for example in providing services* Bruce C*
Twoaley, Alaska Legal Services Corp., 615 H Street, Anchorage ,99501,
907-272-9431*
[H6 H9] > Cordova City Schools v. State of Alaska*- Superior Ct. Feb.
1978. Sp. Ed. Manner of calculating funding to meet 3pecial education
requirements, and the level and extent of services to be given handicapped
children. Lawrence T* Feeney, 311 Franklin St., Suite 201, Juneau 99801,
907-586-2210.
[01] t Danner v. North Slope Borough Schools Dist. Superior Ct. Aug.
1977. Decision Jan. 1980, D. ELB 487- Suit for damages (under state law and
§1983) for invasion of privacy through compulsory attendance at a sex education
class* Pro se. Defense attorney is Hugh W. Fleischer 4 ? Hedland, Fleischer, &
Friedman, 1016 H. 6th "Ave., Suite 400, 'Anchorage 99501, 907-279-5528.
[E4] Lower Kuskokwim Regional Ed. Attendance Area v. Calif ano . U.S.
Dist. Ct. Oct. 1977. Settled. Suit to enjoin HEW from ruling that the
plaintiff school is ineligible for Emergency School Aid Act grants (because of
violation of bilingual education requirements). See "Northwest Arctic case,
infra. Janalee R. Strandberg; Hedland, Fleischer & Friedman, 1016 West 6th
Ave., Suite 400, Anchorage 99501, 907-279-5528.
[E4] Northwest Arctic v. Calif ano . U.S. Dist. Ct. 1978. Settled.
Suit by several rural schopl districts to enjoin enforcement of Lau remedies
(bilingual education) for Native Americans in districts where Native Americans
controlled the school boards; the federal government requested, among other
things, teachers trained in the native language and development of writing
systems and educational materials. Howard S. Trickey; Jermain, Dunnagan &
Owens, 801 West Fireweed Lane, Suite 201, Anchorage 99503, 907-276-6532.
J£5] Sheban v. Greater Anchorage Boroug h School Dist. Superior Ct.
1977. Decision, D. Appealed to Supreme Ct. but settled. Whether
chiropractors can sign waivers from immunization shots for school children.
Mitchel J. Schapira, 1016 West 6th Avenue,. Anchorage 99501, 907-276-3953.
1Q fln 13 c ^ Tamre11 v * Rotapy Club of Matanuska Valley.. Superior Ct. Dec.
It «? w Forei « n exchange student was about to be deported because the
Rotary Club terminated its sponsorship; this suit was a defamation action
J 8a J n Su t ! 6 ? ry Club * R0bert H ' Ha 8 3taff ; Wagstaff, Middleton 4 Pope, 912
West 6th Ave., Anchorage 99501, 967-277-0282.
CHI] Traxnier v. Anchorage S chool Dist. U.S. Dist. Ct. Jan. 1978
* I ! L . Student wanted out-of-state placement, and the school had
stated that an in-state facility was adequate. Steve Morrissett, P,0. Box
6-650, Anchorage 99502, 907-274-7808.
[B2] Tynlejr v.* Anchorage School Dist. Superior Ct. 1978. Decision
D. Alaska Supreme Ct. 1979. Decision Sept. 1980, P. School closure
procedure: was five days notice prior to hearing on closure adequate? Who had
authority to close the school-the school board or the municipality? Charles
K.^uniey, 730 H Street, Anchorage 99501, 907-274-3544.
[S3] Vania v. Alaska School Activities Asa'n . Superior Ct. 1979
Class action. Decision 1979, D. Suit contesting defendant's rule restricting
the number of members on school teams. Charles E. Tulin, 529 West Third
Street, Anchorage 99501, 907-272-9546.
• W f^ ker * v - Fairbanks N orth Star School Dist. Superior Ct. 1979.
Decision Sept. 1979, D. Alaska Supreme Ct. Jan. 1980. Sp. Ed. Suit for
reimbursement of expenses for out-of-state placement of learning disabled
children and for damages on the grounds that the school did not have adequate
screening and treatment programs for the children. Joseph W. Sheehan, P.O.
Box 906, Fairbanks 99707, 907-452-8267.
ARIZONA
r CD ?^ „ MESS?" v. Mohave Valley School Dist. nfi. Superior Ct. Mohave
Co. 1901. Settled. Whether the student was entitled to a hearing within 10
86430? 60S753S363 ^ Lenk ° WSky; Uek & Lee ' P ' 0 ' Box 1105 » Bullhead City
[H7] • Chapman v. School Pis*. #1Q of pj ma Co. U.S. Dist. Ct. June
1980. TR0. Sp. Ed. Failure by school district to provide summer school.
Amy J. Gittler; Arizona Center for Law in the Public Interest, 112 N. Fifth
Ave., Phoenix 85003, 602-252-4904.
[R3] Collins v. Chandler Unified School Dist. U.S. Dist. Ct. 1978.
Decision Mar. 1979, P.. 470 F. Supp. 959. CCA 9, 1979. Decision May 1981,
P. Challenge to the practice of opening student assemblies with prayer—
whether it is protected as a right of free speech or is a violation of the
establishment clause. Philip R. Higdon; Brown & Bain, 222 N. Central Ave.,
Phoenix 85004, 602-257-8777. *»«•»
33
[Dl D8] Mat a v. Miami Area Unified School Dist. Superior Ct. Gila Co.
Apr. I&J8. Decision 1978, P. 12 CHR 5007 Student contested expulsion by the
school board, claiming that the hearing should be open under the state open
hearing law. Whether there was good cause^o discipline student. Peter
Cahill, P.O. Box 2643, Globe 85501, 602-425-6030. ~~
[HI PI] Pendergast School Dist. v. Phillips . Superior Ct. Maricopa Co.
1978. Transferred to federal ct., then settled. Sp. Ed. Whether district
can change placement from private to public school without a due process
hearing. Robert Beckett; Capra & Beckett, 101 N. 1st Ave., Phoenix 85003,
602-257-0336.
[D4 D9 P2] Hamon v. Soto . U.S. Dist. Ct. Apr. 1981. Class action. Sp.
Ed. ■ Suit re Indian boarding school, alleging failure of due process on
discipline cases 'and on special education c^ses, physical abuse of students and
failure td follow B.I. A. regulations. Damages sought. Mary Jo O'Neill; Urban
Indian Law Project, 3302 N. 7th St., Phoanix 85014, 602-279-4116.
[E6] Scott v. Mohave Union High School Dist. #30. U.S. Dist. Ct. Apr.
1981. Preliminary injunction Apr. 1981. Allegation of sex discrimination* on
golf team; the school will not permit a girl on the team because it has a rule
against mixed-sex teams. Stephen Lee; Leek & Lee, P.O. Box 1105, Bullhead
♦City 86430, 602-753-5363.
[B6] / Taylor y\ Miami . Superior Gt. Gila Co. May 1978. Settled.
Whether tne student should be permitted to appear In the graduation line after
being expelled at the end of the year. Defense attorney is Thomas M.
Thompson] P.O. Box 307, Globe 85501, 602-425-7609.
[Dl] / Taylor v. Miami Area Unified School Dist. Superior Ct. Giia Co.
1978. TK0 granted. Whether a student could be expelled upon first offense.
Peter Caftiill, P.O. Box 2643, Globe 85501, 602^423-6030.
[El] r United States < v. Phoenix Union High School Dist. U.S. Dist. Ct.
May 1981. Suit to gain access to the School Board's records, in a dispute
about whether closing of schools was done with a motive to discriminate against
minorities. Burtis M» Dougherty, Jr., U.S. Department of Justice, Washington,
D.C. 2^530, 202-633-2178.
[Bl] Va lenzia v. Douglas Public Schools . Superior Ct. Cochise Co.
1978. Class action. Settled. Whether the school must take a child when "
guardians live in the district, but parents-live elsewhere; the school alleged
that the guardianship was established only for school purposes. C.
Christopher Hitchcock; Southern Arizona Legal Aid, P.O. Box GG, 406-A Eighth
St., Douglas 85607, 602-364-7973. ' r
[D8 D9] Velasco v. Sorenson . U.S. Dist. Ct. Sept. 1978. Settled. 13
CHR 629* Due process in discipline in Bureau of Indian Affairs school.
Robyn Brown; Urban Indian Law Project, 3302 North 7th St., Phbenix 85014,
602-279-4116.
[H8] Wolf v. Arizona State School for Deaf and Blind . U.S. Dist. Ct.
Mar. 1980. Sp. Ed. Extent of duty of state to provide transportation fop
handicapped students; whether mileage limitations apply and what type of
transportation is adequate, Robert Beckett; Capra 4 Beckett, 101 N. 1st Ave.,
Phoenix 85003 i 602-257-0336.
34
39
ARKANSAS
Alma Schoo l Piatt. #30 v. DuEree . Chancery Ct. Pulaski Co. Man. J
197-7. Class Action. Challenging the formula by which Minimum Foundation (f
Program -Aid Funds (state) are distributed, as unconstitutional. Ben Core; » V
Daily, Wcitj Core, Coffman & Canfield, P.O. Box 1446, Ft. Smith 72902, ' ^
501-782-0361. ... * .
[B4] Burris v. Malvern School Dist. U.S. Dist. Ct. -Jan-.. 1981.
Whether fees charged for additional texts, band, laboratory, etc i violate
Fourteenth Amendment due process guarantees. John W. Walker, 1191 1st
National Bank Bldg., Little Rock 72201, 501-374-3758.
[B3] Campbell v. School Bd. of N. Little Rock. . U.S. Dist. Ct. Oct.
1977. Injunction Nov. 1977, Challenge to school policy of deciding which,,
ohildrert should be bussed, alphabetically by their last name. Patrick H.
Hays; Wilson, Lewis & Hays, TwirfCity Bank Bldg., North Little Rock 72114,
501-376-4090.
[El E2] Collins v. West. U.S. Dist. Ct. W.D. Dec. 1977. Settled Feb.
1981. Charge that the whole school system discriminates against black
students in many «re spec ts; e.g. discipline, expulsion, districting. John W.
Walker, 1191 1st National Bank Bl'dg. , Little Rock 72201, 501-374-3758.
C fil 3 . Cord-Charlotte School Dist. v. jtewark School Pist. CiTr*. Ct* ^
Independence Co. 1979. Decision Jan. 1980, D. Arkansas Supreme Ct. 1980*
Decision Pec. 1980, P. Questioning the authority of the County Board to .
transfer students without the consent of the school boards involved. ."Bill W. v
Bristow; Seay & Bristow, 216 E. Washington St., Jonesboro .72401, 503,-635.-9000.
tE6] N Councille v. Arkansas Activities Ass'n . U.S. Pist. Ct-/E.P. * -
1980. Suit, to allow Women to run in the; state track meet. Andrew We'itchefc
and John Walker* P.O. Box 2832, Little Rock 72203,- 501-374-2560. ' - . v
. CD8] Cru'tchfield. V-. Arkansas State Bd. of Ed. U.S. Pist. Ct. 1978?^^
Class action. Class action denied. Pismissed 1978. • Question of due. process
hearing in connection with short term suspension. Simmons S. Smith, "Donaghy
Bldg., Suite 35-8, 7th '4 Main Street's, Little Rock -72201, 501-375-3993. ' *
[P6] Pillon v. Pulaski t!o. Spec; School Pist." .U.S. PistJ Gt. E.P.
Feb. 1978. Pecision Aug. 1978, P. 4£8 F.Supp. 54. CCA 8 Feb. 1978. Pecision
Mar. 1979, P.-. 594 F.2d'699,. Pue process- on .expulsion for kissing a girl in
school and smart-mouthing .teacher. Failure to permit cross-examination on
disciplinary hearing. William P.. Pougherty,' General Counsel,' "Savers Saving &
Loan Ass'n., P.O. Box 2499, Little Rock 72201, 501-372-3311. .
[E6]* ♦ Dodson v. Arkansas Activities Asy'a. ■ K.'S.-Dist. Ct. June 1977.
Decision Apr. 1979, P. 468 F. Supp. 394. A girl challenges "girls rules" in
basketball - because' the rules impare her" chances to play college and-
professional basketball. Henry Morgan, 201 N. /Tenth S€., Arkadelphia 71923,
501-246-9368. . . L. . ' .
t H1 3 % Fortenberry v. Ft. Spith School Dist/ U.S. Dist. Ct. W.D. 1979.
Settled/ Proper program for multi-handicapped, emotionally' disturbed child.
Parents wanted a resident program in Texas; school wanted- to mainstream.
Stephen M. Sharum, P.O. Box 1951, Ft. Smith, 72902, 501-785-2923.
35
[D8*3 Givens v. Warren. U.S. Dist. Ct. W.D. Apr. 1980. Settled Apr.
1980. Due process challenge to an indefinite suspension on the grounds that
the^sohool failed to comply with its own handbook procedures. Gilbert L.
Glover 5 Legal Services of Arkansas, P.O. Box 2038, Little Rock 72209.
501-376-8015.
[E2S1] Kimbrew v. Arkansas Ath. Ass'n. U.S. Dist. CtikSept. 1977.
Settled. • "Challenge to Association rule that students are ineligible to
compete in inter-scholastic activities for a period after transfer to a
different school, charging racial discrimination in application of the rule."
lies A. Hollingsworth; Hollingsworth & Associates, 400 Tower Bldg., 4th 4 Center
St., Little Rock 72201, 501-374-3785.
[D8] Laster v. Huecker. U.S. Dist. Ct. W.D. Aug. 1980. Settled. 14
CHR 1107. - Challenge to the State rehabilitation center policy of expelling
students without any hearing. Thomas J. Ginger; Central Arkansas Legal
Services, 209 W. Capitol Ave., Little Rock 72201, 501 r 376-3423.
[Dl D8] MoCluskey v. Rogers. Bd. of^d. U.S. Dist. Ct. W.D. Dec. 1980.
Decision Jan. 1981, P. CCA 8 Jan. 1981. Alleged violation of substantive due
process in application of school board rule providing for automatic expulsion
on use of "controlled substance" as defined by state statute. School board
thought the statute included alcohol as a "controlled substance" (though *
statute specifically excluded alcohol) and expelled student for intoxication.
John E. Jennings, 117 S. Second St., Rogers 72756, 501-636-1059.
[F3 S3] McOriff v. Grayson. Lincoln Co. Chancery Ct. May 1979. Decision
Sept. 1980, D. Whether a new requirement that girl cheerleaders ^hangV from
short skirts to long pants violated the rights of two cheerleaders under the
federal and state constitutions. Thurman Ragar, Jr., P.O. Box 9023. Pine
Bluff 71611, 501-536-2555^ '
[R5] Malone v . ■ "Arkansas Activities Ass'n. U.S. Dist. Ct. E.D. Feb.
1981. ^Deciaiorv Feb. 1981, D. CCA 8 Feb. 1981. Student of non-accredited
Baptist school wanted his team to play in basketball tournament, so he
challenged rule barring non-accredited schools from the Association; theories
were religious freedom and equal "protection. See Windsor Park case, infra.
Wyman R. Wade; Daily, West', Core, Coffman & Canfield, P.O. Box 1446, Ft. Smith
72902, 501-782-0361. •
t- 1 -} Russell v. Arkansas Activities Ass'n. U.S.. Dist. Ct. 1979. TR0
denied 1979. Challenge to Association rule that transfer from one school to
another without change of residence makes student ineligible for
interscholastic athletics for one year. Charles A. Brown; Patten, Brown &
Leslie, One Union National Plaza,' Little Rock, 72201, 501-374-7582.
t H2 3 / Springdal e School Diet, v. Grace . U.S. Dist. Ct. W.D. 1980.
Decision July 1980, D. 494 P. Supp. 266. CCA 8 1980. Sp. Ed. Whether deaf
child should be educated in special facility for the deaf, 200 miles from home,
as the school wishes, or in a self-contained classroom near home as the parents
wished. The school is conttiJtinc the Education Department's ruling for the
parents. James M. Roy, Jr.; Blair, Cypert, Waters & Roy, P.O. Box 869,
Springdale 72764, 501-751-5777.
[08] Williams v. Jones . U.S. Dist. Ct. Nov. 1979. Decision July
1980, D. Challenge to expulsion on the grounds of lack of notice of
hearing— failure of due process. Thomas J. Ginger; Central Arkansas Legal
Services, 209 W ? Capitol Ave., Little- Rock 72201, 501^376-3423.
y^W¥ : '''C's" : ^g^S* *• Arkansas Aotivities Ass'n. U.S. Diat. Ct. Nov. 1979.
fc^C V .$!gg^ A»I*£, . *T potion to permit student to participate
~i : J*-'i ■•'•'^-'"'C-'t -•''■Li - 7 • ■ - • ww ywun, ouuuoub uu participate
. f ?|WV«rac bo last ic athletics beyond eight semesters on the ground that there
!&#.\' SI .^ e 9; n ° notice of the rule. .Patrick H. Hays; Wilson, Lewis & Hays, Twin
SS&T ; " ■ ; City- Bank Bldg. , North Little Rock 72114 , 501-376-4090 . '
mP>~ \ - - ';• < s •
BfeV ■ it ^ R5 ' 3f Windsor Park Baptist; Ch uroh. Inc. v. Arkansas Activities Ass'n .
ft§£ \ : !kS. .W.at» Ct. E.D. Dec. 1980. Decision Feb. 1981, D. CCA 8 Feb. 1981.
pf'"' S >if-£ a ^ ule of fcl ?e Association that only schools accredited by the State
Board oFEduoation could belong to the Association violated the religious
freedom of a Baptist Church school .which wanted to compete in interscholastic
W<> f?J l V*tP ( S 8 S tba i 1) i Gre8 ° ry T * Karbe^ ' , Pr *y° r ' Robinson, Taylor 4 Barry,
p»i ■ 315 N. Seventh St., Fort Smith 72902, 501-782-8813.
|ff: . •
.J 823 Woddard v. Pocahontas School Dist. U.S. Dist. Ct. E.D. Feb.
m-' 1981 * Sp. Ed. Challenge to school's attempt to reverse mainstreaming and send
\& % handicapped child back to the Arkansas School for the Deaf. John Burris;
Burris,* 'Berry, P.O. Box 410, Pocahontas 72455, 501-892-3542.
p. - Luoille X. v. Bd. of Ed. of Little Book . U.S. Dist. Ct. June
1980. Dismissed -as moot, Sept. 1980. Challenge to summer program for the
gifted and talented on the ground that it is racially discriminatory. John W.
Walker, 1191 St. National Bank Bldg., Little Rock, AR 72201, 501-274-2758.
CALIFORNIA
[B5J • Acosta v. Santa Ana Unified School Dist . Superior Ct. 1981.'"
Class action. Rights of students to free breakfast (same case as Leon v. Santa
*° a u,s,1) » but for tn e succeeding year). Gary Williams, ACLU Foundation of
Southern California, 633 South Shatto Place, Los Angeles 90005, 213-487-1720.
t E1 J Aguilera v. Bd. of Ed., f jnta Barbara School Diat. Superior Ct.
June 1979. Class action. Suit for desegregation of elementary schools.
Dennis P. Flanagan, 926 Garden St., Santa Barbara 931Q1, 805-962-7088.
[D8] Aguirre v. San Bernadiho Unified School Dist. Superior Ct. Nov.
1978. Decision, D. Ct. of Appeal Feb. 1980. Decision Dec. 1980, P. Review
granted by California Supreme Ct. Whether a student has the right to confront
witness at an expulsion hearing. Cynthia Ludvigsen; Inland Counties Legal
( Services, Suite 310, 362 N. Arrowhead Ave., San Bernadino 92401, 714-884-8615.
[D3] Aldana v. Buntaro. Superior Ct. May 1981. Settled. Student
was barred from participating in a talent show after misperforming in a school
play. Catherine Weihe, 485 Piercy Road, San Jose 95138, 408-275-1844.
[R2] Anderson v. Saddleback -Valley Unified Sch6ol Dist . Superior Ct.
Orange Co. Apr. 1981. Parents and students sue to stop meetings by religious
clubs in the schools. Richard Petherbr"idge , 1722 N. Broadway, Santa Ana
92706, 714-835-0935.
£ £1 E1 *J Angeles v. Santa Barbara School Dist. Superior Ct. Apr. 1979.
Cla3S action. Decision Sept. 1979, D. Ct. of Appeal 1980. 13 CHR 205. ELB
980. Whether a school district of eleven schools that closed three schools
with predominantly Hispanic population acted with a racial motivation, thus
violating the California and Federal constitutions. Plaintifts also seek to
maintain % bilingual education program. Kirk Ahtye; Channel Counties Legal
Services Association, 735 State St., Santa Barbara 3910L, 805-963-5981.
[E6] Appleb y v. Mountain View — Los Altos Union School Dist . U.S.
Dist. Ct. Aug. 1980. Class action. Sex discrimination suit by girl desiring
to play football. Judith Kurtz, Equal Rights Advocates, 1370 Mission St., San
Francisco 94103, 415-621-0505.
[H2] Area 6 Developmental Disabilities Bd. v. Riles . Superior Ct.
1979* Sp. Ed. Whether residents in state hospital have the right to the
least restrictive education. Catherine Blakemore; Protection and Advocacy,
Inc., 1636 W. 8th St., Los Angeles 90017, 213-383-7285.
[E4] Atilano v. Salinas Union High School . U.S. Dist. Ct. 1977.
Class action. Settled. Suit to enforce the federal and state bilinginal
education laws in the high school. Luis Jaramillo; El Paso Legal Assistance,
109 North Oregon Street, El Paso, Texas 79901, 915-533-1942.
[PI] David B. v. Riles . s Superior Ct. 19Q0. Settled. Sp. Ed. Suit
to compel the Department of Education to issue a decision (the suit was brought
after a delay in getting the decision out). Sheila Brogna, Legal Services for
Children, 149 9th St., San Francisco 94103, 415-863-3762.-
.'[HI] . Jon B. v. Huntington Beach City School Dist. Superior Ct. June
1977. Decision, P. Sp. Ed. Suit for private placement and funding for past
private placement of child* R. A. Bender, 16152 Beach Blvd., Suite 279,
Huntington Beach 92647, 714^842-0010.
[HI] Mark^B. v. Tustin Unified School Dist. Superior Ct. 1978.
Decision Nov. 1979, P. Sp. Ed. Suit for private placement. R. A. Bender,
16152 Beach Blvd., Suite 279, Huntington Beach 92647, 714-842-0010.
[HI PI] Matthew B. v. Fullerton Union High School Dist. Superior Ct.
1978. Decision Aug. 1980, P. Sp. Ed. Suit for private placement. Plaintiff
claims that the school did not follow procedures required by statute. R. A.
Bender, 16152 Beach Blvd.,, Suite 279, Huntington Beach 92647, 714-842-0010.
[H5] Ronnie B. v. State of California . Superior Ct. 1981. Sp. Ed.
Contesting graduation of deaf child from school . for the deaf, claiming that the
schools should provide further education. R. A. Bender, 16152 Beach Blvd.,
Suit 279, Huntington Beach 92647, 714-842-0010.
[Al] , Barber v. California Bd. of Ed. Superior Ct. Oct. 1980.
Whether the California law allowing the individual school districts to
administer proficiency tests with different levels of passing is
unconstitutional because different districts can thus provide various levels of
education. Robert Odell; Southeast Legal Aid Center, 2007 East Compton Blvd.,
Compton 90221, 213-638-6194.
[H2] Bartine v. Riles . Superior Ct. 1980. Decision Nov. 1980, D.
Ct. of Appeal Feb. 1981. Sp. Ed. Whether the state has an obligation to
provide a least restrictive education for children between 3 and 5* Catherine
Blakemore; Protection and Advocacy, Inc., 1636 W. 8th St., Los Angeles 90017,
213-383-7285.
38 «
Bay Area Conference v. California Intersoholaatio Fed*™tL™ .
^uperior Ct. Apr, 198l< Suit contesting defendant's rule making students
*K*rrr! s P° rts aft er transferring between a private and public school.
Dwiiel Johnson; Cooley, Godward, 'Castro, Hudlson and Tatum, Alcoa Building, 20
Floor, Jteritime Plaza, San Francisco 94111, 415-981-5252.
CHI] Boxall v. Sequoia Union High School Dist . U.S. Dist. Ct. July
1978. Decision Jan. 1979, M. Motion to dismiss denied. 464 F. Supp. 1104.
Sp. Ed; Suit for reimbursement for private tutor for autistic child. The
school district claims that the county program is adequate and that
administrative remedies wore not exhausted. Alice Smith, C/0 Sprig Theabold,
369 Lytton Ave., Palo Alto 94301.
_ tH73 California Ass'n. of Retarded Citizens v. Compton Unified School
£i2t. Superior Ct. 1978. Settled. Sp. Ed. Suit for summer program. Te7ry<
90020^13 487 6 721i enter ° n UW * P ° Verty * 3535 West 6 * h street » Los Angeles
CH23 California Ass'n. for the .Retarded v. Riles . U.S. Dist. Ct. N.D.
ft ^I 7 * Clas ^ ac H on « Settled. Sp. Ed. Plaintiffs contest segregation
of handicapped children into special schools and classrooms, request more
resources for children attending regular classes and asks the California
Department of Education to issue regulations providing least restrictive
alternative. Mary Burdick, Western Center on Law and Poverty, 1709 W. Eighth
Street, Los Angeles 90017, 213-487-7211.
[E4J Camachp y c North Monterey County Unified School Dist . U.S. Dist.
Ct. 1977. Class action. Settled. Suit to enforce the! Federal and State
bilingual education laws in elementary school. Luis Jaramillo; El Paso Legal
Assistance, 109 North Oregon Street, El Paso, Texas 79901,' 915-533-1942.
CHU P^ton v. Capistrano Unified School Dist. Superior Ct. Dec.
1980. Preliminary injunction Jan. 1981. Sp. Ed. Suit to implement IEP for
blind student; plaintiffs request special teacher be supplied for home
teaching Ann^ Andres, 1202 N. Broadway, Santa Anna 92701, 714-547-7624.
L^J Comite de Padres de Fdmilia v . Riles. Superior Ct. May 1979.
ELB 1030.*fl3 CLR 390. Whether California's bilingual education law is being
enforced and monitored properly. Peter R003; Mexican American Legal Defense &
Education Fund, 28 Geary Street, 6th Floor, San Francisco 94108, 415-981-5800.
u tB2i Committee to S ave Lowell High School v. Fullerton Joint Union
High School Dist. Decision 1980, D. Contesting a school closing. Terry
Giles, 17321 Irvine Blvd., Tustin 92680, 714-544-4132.
f pi ^ Community Action fo r Limited Learners v. California State Bd. of
Ed, Superior Ct. Aug. 1980. Class Action. 14 CHR 769" Sp. Ed. Complaint
that the Board takes too long to hear special education cases. Charles
Wolfinger; Legal Aid Society of San Diego, 964 Fifth Ave., San Diego 92101
714-239-9611. • , 6 * '
CB2 Community G roup for a Better Ed. v . Los Angeles Unified Sohom
DisU Superior Ct. Oct. 1980. Class action. Whether, based or statistical
information, the school district's expulsions and supensions were raoialfy
motivated. Kennon Dobberteen; Legal Aid Foundation of Los Angeles, 3663 W.
6th St., Los Angeles 90020, 213-38i-2131.
39
44
« m
[H6] Covina Valley Unified 3&hool Dist . v. Riles , Superior Ct. Mar.
1981. Sp. Ed. Dispute over what kind of interpreter the school must supply a
deaf child. John Wagner; Wagner and Wagner, 929 W.. Olive Avenue, Burbank ^.
91506, 213-841-1844. . ^
[HI H5 PI] Cox v. Fouts. Superior Ct. 1979* Decision Jan. 1980, P. Sp.
Ed* Suit to maintain child in private school after the child was graduated.
Whether the school must hold a hearing to develop an IEP. Stacy Cromidas,
Legal Aid Society of San Diego, 216 S. Tremont Street, Oceans! de 92054,
714-722-1935.
[D8] Crosby v. Los Angeles Unified School Dist . Superior Ct. Sept.
1980. Decision Oct. 1980, D. Ct. of Appeals Jan. 1981. 14 CHR 1103.
Contesting a student 1 s suspension on the grounds that it relied on hearsay and
that the school board did not make several findings required by law (including
whether there was a possible alternative disposition). Elena Ackel, Legal Aid
Foundation of Los Angeles, South Central Office, 8601 South "Broadway , Los
Angeles 90003, 231-971-4102.
[01] Deukmejian v. Los Angeles Unified School Dist. Superior Ct.
1980. Decision 1981, D. Ct. of Appeal 1981. The attorney, general asks for
more security in the schools, claiming children are subjected to cruel and
unusual punishment and that the violence hampers the right to a free public
education. Robert Murphy, Deputy Attorney General, 315 McAllister St., Room
6000, San Francisco 94102, 415-557-3946.
[D8] Doe v* Santa Ana Unified School Dist. Superior Ct. 1979.
Decision Jan. 1980 ? D~ Ct. of Appeal 1980. Decision Jan. 1980, D.
Contesting expulsion on the grounds that the hearing panel contains school
officers. f| Ellen Pierce, Legal Aid Society of Orange County, Anaheim 92805,
714-533-7490.
[A2 H6] John Doe v. Los Angeles Unified School Dist. Superior Ct.
1981. Sp. Ed. Damage action for failure to educate child. Jonathan A.
Adler, 10880 Wilshire Blvd., Los Angeles 90024, 213-475-7584.
[P2] John Doe v. Maher. • U.S. Dist. Ct. Nov. 1980. Preliminary
injunction Dec. 1980. Sp. Ed. Damage action for expulsion of a handicapped
child, claiming that special procedures must be used instead of procedures for
expulsion of non-handicapped children. Shelia Brogna; Legal Services for
Children, 149 9th St., San Francisco 94103, 415-863-3762.
[H6] Drumheller v. San Diego Unified School Dist. U.S. Dist. Ct. S.D.
Mar. 1980. Sp. Ed. Whether the school district was providing an adequate
education for an emotionally handicapped student who could not attend normal
classes. Dale R. Larabee; Hilly er & Irwin, 530 B. Street, Suite 1400, San
Diego 923.01, 714-234-6121.
[H6 E2] Duran v. San Jose Unified School Dist . U.S. Dist. Ct. 1979.
Withdrawn. Sp. Ed. Section 1983 suit for damages for inadequate education of
handicapped child, alleging racial discrimination. Martin Fenster, 111 W. St.
John St., Suite 1020, San Jose 95113, 408-293-6341.
[HI] Evan v. Tucson Unified School Dist. Superior Ct. 1981. Sp.
Ed. Suit for reimbursement for private placement on the grounds that the
school district did not tell the parents that it can provide such placement.
R. A. Bender, 16152 Beach Blvd., Huntington Beach 92647, 714-842-0010.
' i *L .Clareen and Ray F. v.. Western Placer Unified SnhnoT Digt .
Superio^ Ct. Apr. 1979. Incision Ja n. 1980, D.. Ct.- of Appeal June 1 9 8 0.
SSi% ^ r * i?*V' California Supre»e.Ct. denied review.- Sp. Ed. Damage
£L£ Vr *■ ^ MlpraCtiCe » all6 « in « that the sc h°°l failed'to inforT?he
m >; STJS ?f evaluation results and to provide special programs. John J. Roman,
J©?;". 7 21 Qfc h Street, Sacramento 95814, 916-441-6240. '
[D8]; Garcia v. Los Angele s Co. Bd. of Ed. Superior Ct. Nov. 1979
if* - V9 ?°' D ' of Appeal 1980. Whether Ehe schooi Bolrd nusi
? r *f: r corTectlonal me ans before expelling a student. Ronald
9140l' 2tl%^6?2T^° n 0f ~ L °t An8eleS ' 318 S ° Uth LinC ° ln B1Vd " VeniCe
CHI] . Grandle v. Hillsboro School Plat. U.S. Dist. Ct. May 1980. Sp.
ftaJ'fEEETS ^ 3 , Pri y?K£ aC J lity< 1116 01111(1 13 suln « the^chool district
Hi J: tc °° m S ly With the ^ earlns ^aminer's decision. "Peter Sandmann,
354 Pin> St., San Francisco 94104, 415-391-8100.
V " ! *
[P5] ^ Grieb v. Anaheim Union High School Dist. Superior Ct. Feb
SIL Set u led : , SusJ P ended students contest the use of undercover police in
te- . 3E&49S£ ' Park ct " P1% ? Building F ' Santa Ana »A«
[D4 P2] Guffie v. /Diamond Vi ew Schools . U.S. Dist. Ct. 1981. Sp. Ed.
Seven handicapped students claim that school, off icials used corporal punishment
and th^ suspending and expelling the children denies their right to adequate
education. A. Lee Sanders, 9033 Golf Links Road, Oakland 94605, 415-635-9640.
* U u ^ Hartze11 v " Santa Barbar a School Dist . Superior Ct. Sept.
1980. Whether student activity fees violate the California statutes and
constitution. Kirk Ahtye, Channel Counties Legal Services Association, 735
State St., Santa Barbara 39101, 805-963-5981.
IS2] Helton v. Hilltop High School . Superior Ct. Oct. 1977.
Preliminary injunction denied 1977. Student contests the eight semester rule
S^^^/S^Ufl^ GOSS '- 786 °- MiSSlon Center Ct., Suite 201,, San
[SI] Heneghan v. .California In terschoiastic Federation . Superior Ct.
Orange Co. Nov. l 9 80. Decision Dec. 1980, D. Student contests inedibility
SoTnA 3 ^ ^ t r nS 5 erring fr ° m 3 P 'r lvate t0 P u felic school. Ronald Kreber
4299 MacArthur Blvd.,, Newport Beach 92660", ,714-752-5656.
CA1] Hernandez v. Bd. of Ed. o f Lyriwood Unified School Dist . Superior
Ct. May 1979. Settled. ELB 104 9 . . Whether the school district's plan for
competency testing met the state requirement for parertal and student
participation in the planning stages. Whether the school district could hold
back children who did not pass the exam. Robert Odell, Southeast Legal Aid
Center, 2007 E. Compton Blvd., Compton 90"221, 213-638-6194.
[Fl] Hinze v. T amalis Unified School Dist . Superior Ct. May 1980.
Preliminary injunction denied. Ct. of Appeal Dec. 1980. Whether a student's
first amendment rights were violated when* he was suspended for wearing a "Fuck
SLJSSJ b p tt0n ' o Robert A ' s P annep J Severson, Werson, Berke & Melchoir, 1
Embarcadero Center, San Francisco 94111, 415-398-3344.
• Hubert v. Newport-Mas a Unified School Dist. Superior Ct. Oct.
1980. Decision May 1981, D. Ct.of Appeal May 1981. Sp. Ed. Suit for
.ERiC • 41 An
reimbursement for private placement made by the parents, pending hearing
procedures* Spencer Covert, '250 Golden Circle, Santa Ana 92705, 714-973-2137*
[E4] Jenkins v. Garden Grove Unified School Dist. Superior Ct. 1979.
Decision 1979, D. Two students and a teacher sued to remove the teacher as an
English-as-a-second-language teacher claiming that the students were entitled
to better teaching. (The teacher sued in a taxpayer action, and the court
dismissed the case for lack of standing.) Ann Andres, 1202 N. Broadway, Santa
Ana 92701, 714-547-7674.
[HI] Knight v. Riles . Superior Ct. 1979. Settled. Sp. Ed. Suit
foe private placement in an out-of-state school. Walter Mahassa; Morrison &
Smith, 1538 E. 4th Street, Santa Ana 92701, 714-558-1675.
[P2] Koyle v. Victor Valley Joint Union High School Dist . U.S. Dist.
Ct. Apr. 1980. Sp. Ed. Whether the school used correct procedures when
suspending a handicapped student. Damages sought. Cynthia Ludvigsen, Inland
Counties Legal Services, Suite 310, 362 N. Arrowhead Avenue, San Bernardino
92401, 714-884-8615.
[HI] Christopher L. v. Westminster School District . Superior Ct.
1977. Settled. Sp. Ed. Suit for reimbursement for cost of private
schooling, on the grounds that the school did not inform the parents of the
school 9 s obligation to provide private placement. R. A. Bender, 16152 Beach
Blvd., Suit 279, Huntington Beach 92647, 714-842-0010.
[B5] Leon v
Class action. Decision 1980, P.
Santa Ana Unified School Dist . Superior Ct. Feb. 1980.
Ct. of Appeal 1980. Right of students to
free breakfast in public schools. Gary Williams, ACLU Foundation of Southern
California, 633 South Shatto Place, Los Angeles 90005, 213-487-1720.
[H2 H6 H8] Luftig v. MarinCo. Bd. of Ed. U.S. Dist. Ct. N.D. Aug. 1980.
Sp. Ed. A deaf child, who uses total communication, desires to spend part of
the day in regular school rather than all day in a centrally located program.
Also requests a translator at school plus transportation to school. Lawrence
Siegel, Bay Area Center for Law and the Deaf, 1320 Webster Street, Oakland
94612, 415-465-9526.
[HI]
David M. v. Riverside Co. Superior Ct. 1981. Sp. Ed.
Plaintiff alleges that <~he school3 removed the child from private placement to
a regular classroom without preparing the IEP, required for a change of
placement. R. A. Bender, 16152 Beach Blvd., Huntington Beach 92647,
,714-842-0010.
[HI] Dylan M. v. San Francisco Unified School Dist . Superior Ct. Feb.
1981. .Settled. Sp. Ed. Suit to force the San Francisco school department to
follow a hearing officer decisio* (to issue a waiver request for authorization
to send the child to a school not certified by, the state) • Sheila Brogna,
Legal Services for Children, 149 9th St., San Francisco 94103, 415-863-3762.
[D8] Sherman M. v<
Feb. 1977. Class action. 10 CHR 1058.
San Francisco Unified School Dist. Superior Ct.
Suit contesting indefinite
suspensions pending expulsion proceedings, the school f s circumvention of
statutes limiting length of suspensions, and each of the hearings on
suspensions. Susanne Martinez, National Center on Youth Law, 693 Mission St.,
San Francisco 94105, 415-543-3307.
ERLC
42
47
it.
ERJC
£JJ°1 Steven M. v. Anaheim Union School Diat. I. Superior Ct. JuJy
1978. Decision 1978, P. Sp. Ed. Suit to force the school to prepare an IEP
714^42-0010?' R * *' Bender ' 16l52 . Beach Blvd " Huntington Beach 92647, ,
Steven M. v. Anaheim Union School Dist. II . Superior Ct. Apr.
1978. Decision 1978, P. Sp. Ed. Writ of mandate to determine length of the
school year, i.e., 175 vs. 365' days. R. A. Bender, 16152 Beach Blvd.,
Huntington- Beach 92647, 714-842-0010.
CE6] Marcantelli v. Antioch Unifi ed School Diat . U.S. Dist. Ct. Jan.
1900. Class action. Withdrawn. Sex discrimination suit by a girl desiring
to play football. Judith Kurtz, Equal Rights Advocates, 1370 Mission St., San
Francisco 94103, 415-621-0505^ .
[A2 H5 H6] McConnell v. Glendale Unified School Diat. Superior Ct. Mar.
1981. Sp. Ed. Damage action for failure to give a learning disabled child
appropriate reading education. Also failure to tell the student that he had a
right not to receive a diploma (the plaintiff alleges that the school should
9002S?ll3l47wSl» him) * J ° nathan A * Ad3[er ' 10880 Wilshire Blvd., Los Angeles
CF2) McKamey v. Mt. Diablo Unified School Diat . Superior Ct. Sept.
1980. Whether high school's restriction of access to Ms. magazine in school
library (requirement of parental permission, inter alia ) violates state
constitutional guarantees. Wendy L. Wyse; Morrison & Foerster, One Market
Plaza, Spear Street Tower, San Francisco 94105, 415-777-6000..
t^ 1 ^ McKinnev v. Oxnard Union High School Diat . Superior Ct. 1979.
Injunction denied 1979. Ct. of Appeal 1979. Decision Dec. 1980, P. 169
cai. Rptr. 763. Leave granted by California Supreme Ct. Jan. 1981. Suit on
behalf of several hundred parents alleging that the school district is not
fully complying with state regulations requiring school districts to survey the
raoial make-up of schools and to propose action if an imbalance is found.
Herbert Nolin, 450 Rosewood Ave., Camarillo 93010, 805-659-4524.
[H2] Miller v. La Habra School Dist . Superior Ct. Mar. 1978.
Settled. Sp. Ed. Suit to maintain child in his present educational program
Un a classroom) pending a hearing to determine whether the classroom is an
appropriate -placement. Marilyn Holle; Western Law Center for the Handicapped,
849 S. Broadway, Los Angeles 90014, 213-972-0061.
[D8 E2] Montoya v. Sanger Unified School Diat. U.S. Dist. Ct. Oct.
1980. TRO granted Oct. 1980. 502 F.Supp. 209. Suit contesting suspension of
students, alleging that a hearing was not given when extending short-term
extensions, such that the total suspensions were over 10 days. Also alleging
that the school suspension and expulsion policy discriminates against Hispanic
students. Nancy Marsh, Fresno-Merced Counties Legal Services, 906 North
Street, Fresno 93721, 209-441-1611.
[A2] Moore v. Los Angele3 Unified School Dist . Superior Ct. 1979.
Education malpractice suit. Martin Tachiki; Legal Aid Foundation of Los
Angeles, 318 South Lincoln Blvd., Venice 91401, 213-870-4672.
£ H1 3 Mountain- View Los Altos Union High School Dist. v. Riles . U.S.
Dist. Ct. Feb. 1981. Sp. Ed. Contesting the use of special education funds
for private schooling when the child is performing at grade level, and alleging
that special education is not required because the child's main problem is
43
behavioral. Jane B. Slenkovich, 19282 Steven CreekJ31v.d*.,--Gupertino 95014,
408-253-9583.
CE1] NAACP v. Los Angeles Unified School Dist . U.S. Dist. Ct. Apr.
1981. Suit for desegregation of the Los Angeles schools. Joseph H. Duff,
4401 Crenshaw Blvd., Los Angeles 90043, '213-299-9107.
[El] NAACP Ve State of California . U;Se Diste Cte Nov, 1979. Class
action,. Decision Mar. 1980, Je Cte of Appeal decision Dec, 1980, De* Review
refused by the Calilfornia Supreme Cte Mar, 1981.. The' constitutionality of
Proposition 1, which forces the state to use*de Jure as opposed to de facto
standards for determining segregation. Nancy Be Reardan, 2018 19th Street, *
Sacramento 95818, 916-441-0720.
[H6] Novato Unified School Dist. v. Richardson . Superior Ct. Apr.
1981. Sp. Ed. Contesting a bearing officer's decision that the school must
pay for tutoring a child. Diane Smith; Breon, Calgani & Godino, 1539 5th
Ave., San Rafael 94901, 415-459-3008.
[D6 D8] Oliver v. Los Angeles Unified School Dist . Superior Ct. 1978.
Decision, D. Contesting procedures used to suspend a student; requesting that
the event be expunged from the- student f s record. Ronald Rouda; Legal Aid
Foundation of Los Angeles, 318 South Lincoln Blvd., Venice 91401, 213-870-4672.
. [Fl] Ortega v. Anaheim Union High School Dist . Superior Ct. Jan.
1981. Whether students have the right to publish an article and to distribute
pamphlets on school property. Gary Williams, ACLU Foundation of Southern
California, 633 South Shatto Place, Los Angeles 90005, 213-1:87-1720.
[Rl SI] Palmer v. California Interscholastic Federation . Superior Ct.
Orange Co. { Jan. 1981. Decision 1981, D. Review refused by Ct. of Appeal.
Ineligibility for sports, after a public to private school transfer, is
contested on First Amendment grounds. Thomas Brown, 14140 Beach Blvd.,
Westminster 92683, 714-892-3387.
[H3] Price v. Los Angeles Unified School Dist . Superior Ct. 1980.
Settled. Sp. Ejl. Suit to stop the school from closing a special education
class, on the grounds that the school did not make new IEP's for the children
(the closing required that children go to other schools). Martin Tachiki,
Legal Aid Foundation of Los Angeles, 318 S. Lincoln Blvd., Venice 90291,
,213-870-4672.
[P2] John Roe v. Riles . U.S. Dist. Ct. Jan. 1981. Sp. Ed.
Requesting continued placement in public school, based on least restrictive
environment, after expulsion. Review 'of due process hearing decision. Sheila
Brogna, Legal Services for Children, 149 9th St., San Francisco 94013,
415-863-3762.
[HI H5] Tammy S. v. Walnut Valley School Dist . U.S. Dist. Ct. M.D.
1980. Sp. Ed. Requesting private placement and contesting graduation of the
child. R. A. Bender, 16152 Beach Blvd., Suit 279 f Huntington Beach 92647,
714.-842-0010.
[El] San Francisco NAACP v. San Francisco Unified School Dist . U.S.
vDist. Ct. June 1979. Class action. Decision Sept. 1979, P. 484 F. Supp.
657. Whether the state and school district are segregating schools, staff,
and faculty in the San Francisco area. Eva J. Paterson, San Francisco Lawyers
Committee for Urban Affairs, 625 Market Street, Suite 1208, San Francisco
94105 j 415-543-9444. - *
49
0
ERIC
San Francisco Unified S chool Dist. v. Riles , Superior Ct.
1981. Sp. Ed. School district coritests residential placement. Martha
^5-5^!o40o! Calgani ' G ° din ° » 33 Market St " Suite 950 > S** Francisco 94105,
% * HX1 San Francisco Unifie d School Dist. v . State of California .
S5 e r i0r ^ *?' 198f * Decis , ior ^ *P r - 1981, P. Sp. Ed. The school Appeals a
on 2 °foio er l S decision panting residential placement. Patrick McGovern,
P.0- Box 1803, Truckee 95734, 916-562-0655.
C01] San Leandro Teachers Ass'n. v . Holden . Superior Ct. 1981. A
student persuaded the school Superintendent to raise her course grade, and the
Teachers Association sued to /have the original grade reinstated claiming
violation of the teacher's academic .freedom. Horace Wheatley, 3333 Telegraph
Ave., Oakland 94609, 415-4 65/-9095. exegrapn
CR1] Segraves v. State of California . Superior Ct. 1979. Suit to
prevent schools from teaching evolutionist theory as fact, claiming that it
£0 Sn?^ 1 tU 2 e ?? S, / reed0m v° f r ? 1 f gion ; Ricnard ^rnerf Turner and Sullivan,
520 Capitol Mall, Sacramento 95814, 916-441-1116.
l0 Jn 1] n r t * §SS ¥' y rJ^ S k -Superior Ct. 1978. Decision 1979, D. Decision
1930, D. Review denied by California Supreme Ct. 12-CHR 58. Sp. Ed. Suit
for private placement, claiming that the hearing examiners were not
93032!1i 5 -i»8?-653l Wi ^ n ' 0130061 Couoties Services, Box 1228, Oxnard
CD9-B1] Sparks y. Madera School Dist . Superior Ct .• 1977. Moot. Due
process challenge tea student's transfer to a continuation school, alleging
that the transfer was for disciplinary reasons. William McNeil: California
S, Ura L^ 8al Assi3fcanc e» 2111 Mission St., Suit 401, San Francisco 94110,
415-864-3405.
C J 2] ' Students of the California School for the FOind v. Riles . U.S.
Dist. Ct. June 1980. Class action. Sp. E*k Suit to have multi^hamdicapped
fj !?J 8 „ e ducated in a coomunity setting rather than isolated in the school for
94l03^15-*3ll7430° Men ° Ca1 ' ^ blic Advocates » 1535 Mission St., San Francisco
ft*!] Christ opher T. v.- San Francisco Unified School Dist. U,S. Dist.
Ct. Dec 1980. Class action. Sp. Ed. Whether the schrol district's
reluctance to -place a child in a residental placement violates federal law".
Whether parents must give up custodial rights to obtain residential placement.
INon-school funds provide residential placement if ti.. 3 tate obtains
custody.) George Kannar; ACLU - National Children'^. 8- vita Project, 132 W
42nd St., New York, N.Y. 10036, 212-944-9800.
[H7] Task v. Santa-Ana Compton Unified Si'- o _jis£ 5 ' Superior Ct.
1978. Settlec". - Sp. Ed-. Suit for summer program/ t'erry Friedman; Western
Center on Law & Poverty, 3535 West 6th St., Los Angeles 90020, 213-487-7211.
*
CE4] Tfellez v. Rio School Dist. Superior Ct. Mar. 1979. Class
action. Whether the school district is complying with the bilingual and
bi-coltural requirements of state law. Robert Miller, Channel Counties Legal
Services, Box 1228, Oxnard 93032, 805-487-6531.
J-" 1 P1] Temple City Unified School Dist. v . Riles . Superior Ct. Jan.
1981. Sp. Ed. Suit contesting hearing procedures, alleging that the hearing
45
50
\
examiner denied right to present witnesses, right to cross examine witnesses,
and right to have a transcript* Parents were seeking private placement.
Whether new evidence can be admitted in the courts. John Wagner; Wagner and
Wagner, 929 V?. Olive Avenue, Burbank 91506, 213-841-1844.
[HI]
1981.
Torrance Unified School Dist. v. Riles . U.S. Dist. Ct. Apr-
Sp. Ed. The school contests the hearing examiner's decision awarding
residential placement, claiming the handicap involved is not related to the
child f s education.* Urrea C. Jones, Jr.; Jones :nd Matson, 180 South Lake
Avenue, Suite 440, Pasadena 91100, 213-681-0265.
[01] Valle v. Hufstedler.
Decision 1981, *'P.
U.S. Dist. Ct. Dist. of Columoia 1980.
Suit to force the Department of Education to *ake
enforcement steps (e.g. withholding money) for California's violation of Title
, I with respect to parent participation in developing migrant education
Xerograms. v Roger Rosenthal, Migrant Legal Action Center, 806 15th Street,
Washington, D.C. 20005, 202-347-5100.
]
Varga v. San Diego Unified School Dist . U.S. Dist. Ct. 1979*
Settled. Contesting" strip search of a class of high school students. Two
girls^seek damages for search in open classroom. Thomas Adler, 755 Union St.,
San Diego 92101, 714-236-9381.
[D4] Vega v. Salinas Union High School . Superior Ct. 1978.
Settled. Damage action for physical abuse in discipline. Luis Jarmallio; El
Paso Legal Assistance, 109 North Oregon Street, El Paso, Texas 79901,
9 15-533-1942 .\
[HI] Tracy W« v. Anaheim School Dist . U.S. Dist. Ct. M.D. 1980. Sp,
Ed. Suit for private placement of child. R. A. Bender, 16152 Beach Blvd.,
Suit 279, Huntington Beach 9?647, 714-842-00X0.
CS2]
Ward v. Richmond Unified School Dist. Superior Ct. 1981.
Preliminary injunction 1981. Student contests ineligibility under the
academic requirements for sports (under the one-F rule). Caulbus McBride,
1530 Solano Avenue, Vallejo 94590, 707-553-9062.
CF2] _
1978. Decision Nov.
Wexner v. Anderson Union High School Dist . Superior Ct. Sept.
1980, P. Plaintiff seeks return of books to school after
some parents had found the books objectionable and had them removed. Franklin
S. Cibula, 743 Tehama St., Redding 96001, 916-241-2734.
{HI]
William D. v. Riles . U.S. Dist. Ct. Apr. 1981. Sp.
for residential placement. Review of due process hearing decision.
Brogna, Legal Services for Children, 149 9th St., San Francisco 94103,
415-863-3762.
Ed. Suit
Sheila
[Dl D8] Woods v. Fresno Unified School Dist . Superior Ct. Apr. 1981.
Sp. Ed. Student expulsion is contested on the grounds that the school failed
to comply with state law requirements that schools must determine that the
student will be a continuing danger and that there are no alternative
correctional methods other than expulsion. Nancy Marsh, Legal Services
Fresno-Merced Counties, 906 North Street, Fresno 93721, 209-441-1611.
[H7] Yarber v. Riles . Superior Ct. 1978. Class Action.' Settled.
Sp.. Ed. Suit for a summer school program. Daniel u. Fagan, 4654 Sunnyside
Dr., Riverside 92506, 714-683-7144.
ERLC
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51-
CE5] Yoder v. Leigh High School. Superior Ct. 1980. Injunction
granted. Male student wished to take a male date to the prom. Catherine
Wiehe, 485 Piercy Rd., San Jose 95138, 408-226-7421.
COLORADO
[08] Arnenta v. South Conejos Sohool Dist. RE-10. Dist. Ct. Conejos
Co. Apr. 1978. Injunction, then settled. 12 CHR 501. ELB 734. Contesting
the expulsion of a student , claiming improper notice of hearing and lack of
opportunity to cross-examine. Norman Aaronson, Legal Aid and Defender
Program, . Civil Division, University of Colorado Sohool of Law, Fleming Law
Building, Bouldiffr 80309, 303-492-8126.
[S21 1 Beatrice v. Colorado Hifch School Activities Ass'n . Diat. Ct. Los
Animas Co. 1978 \ Decision 1978, D. Suit challenging the transfer rule from
parochial school to public school. Dennis Halone, First National Bank
Building, Trinidad .81082, .303-846-4428.
t H8 * ' Casement v\. Douglas Co. Sohool Diat. Dist. Ct. Douglas Co. July
1979. Decision_pct. 1979. P. Colorado Supreme Ct. Settled. 13 CHR 695.
Sp. Ed. Whether the state must provide transportation for handicapped students
attending non-public schools, when the local district did not have facilities
to provide appropriate education. Bruce Bernstein, Legal Center for
Handicapped Citizens, 1060 Barihock, Denver 80204, 303-573-0542.
Castillo v. South Conejos Sohool Dist. Dist. Ct. Conejos 067
Apr., 1979. Decision Apr. 1979, P. ELB 1017. 13 CHR 302. "whether a student
who graduates from high school after three years is entitled to attend
graduation ceremonies. Douglas George; Colorado Rural Legal Services, P.O.
Box 569, Alamosa 81101, 303-589-4993.
v
[Bi HI] C olorado Ass'n. for Retarded Citizens v. Frazier . U.S. Dist. Ot.
May 1980. Class action. 14 CHR 475, 864. ' Sp.. Ed. Parents of children in
the state home and training school sue because educational services were denied
by the district where the home is located and the districts where the -parents
live; the schools claim that the children are not residents in their respective
districts for education purposes. Chester R. Chapman; Legal Center for
Handicapped Citizens. 1060 Bannock, Denver 80204, 303-573-0542.
C°3] Ellington v. Schreiner . Dist. Ct. Boulder Co. 1979.- TR0
denied. Withdrawn. Whether thp principal has authority to declare a student
ineligible for sports f or misconduct' occurring during summer vacation.
Michael R. Enwall, 2429 Broadway, Boulder ^80302, 303-447-2212.
[F6 . Gunnison Watershed Sohool Diat. RE-l-J v. Funk . Dist. Ct.
Gunnison Co. Dec. 1980. Suit by school district for compulsory school
attendance because the home study program was not approved by the Department of
Educations the program was put out by a church, which claims that state
regulation of such programs violates the First Amendment. Harrison F.
Russell, £.0. Box 179, Gunnison 81230, 303-641-3326.
C p 6] * Gunnison Watershed School Dist. RE-l-J v. Cox . Dist. Ct.
Gunniaod Co. Dec. 1980. Decision Apr. 1981 t P. Suit by school district to
enforce compulsory school attendance because the parents' home study program
was not approved by the state. Harrison F. Russell, P.p. Box 179, Gunnison
81230, 303-641-3326 . >
[D2] Gutierrez v. Otero Co. School Dist. R-l. Dist. Ct. Otero Co.
Mar. 1978. Decision May 1978, P. Ct. of Appeals 1978. Decision Oct. 1978,
P. 585 P.2d>935. Whether a school can deny academic credit because of seven
unexcused absences. Norman Aaronson, Steve Alcala and. Bruce Boreson; Legal
Aid and Defender Program, Civil Division, University of Colorado School of Law,
Fleming Law Balding, Boulder 80309, 303-492-8126.
[D8] m Jaramillo v. Centennial School Dist . Dist. Ct. Costilla Co. N<Jv".
1980. Decision Dec. 1980, P. Whether the student can be expelled when not
told of the charge* against him before the school board- hearing; whether the
school board's vote must be public. Douglas George; Colorado Rural Legal
Services, P.O. Box 569, Alamosa 81101, 303^89-4993.
[E4] La Junta Bilingual Bicultural Community Committee v. Colorado
State Bd. of Ed. Dist. Ct. Denver Co. Aug. 1977. ELB 484. Settled. -
Contesting a school district's bilingual program because the views of the
plaintiff committee members were not considered when the district adopted the
plan; requesting the state to terminate funding for the school's bilingual
program. Bruce Boreson, 1417 Main St., Alamosa 81101, 303-589-96li>.
[H5 P2] Lopez v. Salida School Dist. Dist. Ct. Denver Co. July 1977.
Settled* Sp. Ed. Suit for ^compensatory education past 21 years old because
child had been expelled from school" without proper procedures. Norman
Aaronson, Legal Aid and Defender Program, Civil Division, University of
Colorado School of Law. Fleming Law Building, Boulder 80309, 303-492-8126.
[E7] Lujan v. Colorado State Bd. of EdT^ ist. Ct. Denver Co. Dec.
1977. Class action. Decision Mar. 1979i P. Colorado Supreme Ct. 1979. ELB
618, 11 CHR 824, 13 CHR 205. Contesting thf^isparities in school financing,
arguing equal protection and state constitutional guarantee of a uniform system
of public schools. John McDermott, 1801 Century Park E, 25th Floor, Los
Angeles, CA 90067, 213-556-2000 and Joseph Bellipanni, 950 ' 17th St., Denver
80202, 303-892-9400. 4 - . * ■
[Rl S2] Powers v. St. Vrajn . Dist. Ct. Boulder Co. 1977. TR0 denied*. '
Withdrawn. Suit alleging that the* transfer rule for sports eligibility
violates the First Amendment when applied to student moving from a religious to
a public school. James* F. Lusero, 828 Kimbark Street," Longmont 80501,
303-776-5900.
[Bl] Rivera v. Williams . Dist; Ct. P' ,>blo Co. Apr. 1980.
Withdrawn. Suit by student living with her grandmother to be allowed to
attend schools without tuition, alleging she moved from her parents to care for
the grandmother. r . Charles' Johnson; Pueblo Co. Legal Services, Colorado
Building, Pueblo 81003, 303-545-6686.
[HI] Williamson v. Colorado Dept. of Ed. ' Dist. Ct. Denver Co. Oct;
1,980. Sp. Ed. Whether a handicapped child should remain, in a private school;'
whether the public school can provide proper facilities. ' Timothy Philibosian,
2201 Kipling St., Suite G-2, Denver 80215, 303-232-0766.
48
■53
CONNECTICUT
[HO] Tina A. v. Shedd . U.S. Dist. Ct. July 1980, Class action.
Agreed order as to these plaintiffs Sept. 1980. Sp. 'Ed. Whether the
Department of Education should appoint surrogate parents for wards of the state
and for children ^ose parents are unknown or unavailable. v Richard L.
1!£^^L? >nn80ticut Legal Slices, 33 S. Main Sv,., South Norwalk 06854,
203-853-3070 and Meryl Hershkowitz, Connecticut Legal. Services, 61 Field
Street, Waterbury 06702, 203-756-8074.
[HI] , Atkins v. State of Connecticut . U.S. Dist. Gt. Jan. 1980. Sp.
Ed. Parents appealing decision of the hearing officer who" 'found Greenwich
P|3^ c aohooljraay program an appropriate placement..,, Request is for
■^sTdential placement in which parents have unilaterally placed child. Howard
M. Klebanoff; Rome, Case, Donelly, Kenelly & Klebanoff, 664 Farmington Ave..
- Hartford 06105, 203-549-6400. *
[P2] ■ Blue v» New Haven Bd. of Ed". U.S. Dist. Ct. Feb. 1981. ' Sp.
Ed. .Whether expulsion of a handicapped child is a s change' of placement
requiring .a due process hearing in accordance with 94-142. Sherry Bellamy,
S» ™ B nJ? a Sal Assistance Association, Inc.,- 399 Temple St.-, New Haven 06511,
[HI] 3rookfield Bd. of Ed. v. State Bd„ of gd. Superior Ct. 1979.
Sp. Ed. Authority of hearing officer .to award retroactive .payments parents
for unils'eral residential placement. Thomas N. Sullivan; Sullivan, Lettich
and Schoen, 646 Prospect Ave., Hartford 06105, 203-233-2141.
t|l] Buckley v. Hutchinson . Superior Ct. $ep.t. 1978.. Consent "
Judgment 1979. ^Challenge to residency requirements of local board of
education. Meryl II. Hershkowitz, Connecticut Legal Services, 85 Central Ave..
Waterbury 06702, 203-756-8074. . 1
« *
[Dl 02] Campbell v. New Milford Bd. of Ed.' Superior Ct. Feb. 1980.
Certified as class action Aug. 1980. Challenge to school policy of grade
reduction fo,r- absences, and whether, use of suspension as disciplinary measure *
is ultra vires. Martha Stone, Connecticut Civil Liberties Union, 57 Pratt
St., Hartford 06103, 302-247-9823."
_ _ .-■••./
\J>o e Campoehiarq v. Calif ano-. U.S. Dist. Ct. 1978. Injunction May
1978. ELB 62M, 721, 13 CHR 397. ■ Sp. Ed.. Parents contest due process
procedures used in an educational placement, including the use of 'school board
members as hearing examiners. Helen Z. Pearl; Weber, Marshall & Thompson, 24
Cedar St., New Britain 06052, 203-225-9463,
[HI] Close v- Wallingford Bd. of Ed. ' Superior Ct. Oct. 1980.
Settled. Sp. Ed. Seeking appropriate placement in a residential facility
while appeal by school board ( Wallingford Bd. v. State Bd. ) v*as pending.
Stephen Wizner, Jerome N. Frank Legal Services Organization, Tale Law School,
Box 401-A Yale Station, New Haven 06520, 203-436.-2210.
1
£ H3 Concerned Parents k Students of .Pro.leot Focus v. Shelton Bd. of
EjK U.S. Dist. Ct. Sept. 1980. Decision Wov. 1980., .M. Sp. Ed. Suit seeking
reinstatement of an alternative high school. program/ Whether plaintiff has
standing to,sue. Whether change in location of schooling for handicapped
children constituted a change in "educational placement." Sherry Bellamy, New
Ha^n^^^ Assistance Association, 399 Temple St., New Haven 06511,
49
[H6 H9] # Conneotiout Association for Retarded -Citizens v. State Bd. of
Ed. U.S. *Dist. Ct. r 1977* Class action • Consent decree Dec. 1978. Sp. Ed.
Requesting speoial education for retarded children. Whether the state
government or local sohools must provide that education. Howard M. Klebanoff ,
644 Ffcrmington Avenue, Hartford 06105, 203-549-6400. c
[R2] \ 4 Cromwell Property Owners* Ass f n. v. Toffolon ^ U.S.. Dist. Ct.
*1978. Decision Aug. 1980, D. 495 F.Supp. 915;^ Constitutionality, under
First Amendment , of state statute authorizing and financing bussing of children
to religious schools in contiguous district. Martha Stone, Connecticut Civil
Liberties Union, 57 Pratt St., Hartford 06103, 302-247-9823.
[H8} Dubois v. State Dept. of Ed. Superior Ct. Fairfield Co. 1980.
Decision May 1980, D. Sp. Ed. Whether potion for transportation expenses
could 0 be maintained where appeal to Department of Education remained open
pending psychological evaluation of handicapped student. „ Defense Attorney is
Charles Gf>oley, Ass f t Att f y General, P.O. Box 120, Hartford 06101, 203-566-4880.
fffl] Erdman v. State of Connecticut . U.S. Dist. Ct. April 1980.
Preliminary injunction Sept. 1980. EHLR 552:218. CCA 2 Oct. 1980. Sp. Ed.
Challenge to state policy that room and board, for handicapped in residential
placement, is $ non-educational expense that the state is not obligated to
pay. • Hollace P. Brooks; Rome, Case, Donelly, Kenelly & Klebanoff, 664
Partington Ave., Hartford 06105, 203-549-6400. * * tl
[H6] Fairfield Bd. of Ed. v. State Bd. of Ed. Superior Ct. Bridgeport
Co. 1977. Decision 1977, P. Sp. Ed. Adequacy of a special education program
for a handicapped child • Local board appeals decision of state-board reversing
hearing officer. Noel R. Newman; Mellitz, Krentzman & Newman, 79 South Benson
Rd., Rairfield 06430, 203-259-5300.
[HI] Feller v. State Bd. of Ed / U.S. Dist. Ct. 1980. Sp. Ed.
Whether a proposed private placement is for educational or non-educational
purposes. Jetfome N. Frank Legal Services Organization, P.O. Box 401-A, Yale
Station,* New Haven 06520, 203-436-22K*. 1 .
[HI] , Feller v. State Bd. of Ed. U.S. Dist. Ct. i980. Whether
residential placement of autistic child is for educational reasons, such that
school board must pay. Stephen Wizner, Jerome N. Frank Legal Services
Organization, Box 401-A Yale Station, New Haven 06520, 203-436-2210.
[HI] Flavin ^ v; State Bd. of Ed. Superior Ct. Stanford Co. 1980. Sp.
Ed • Parents appeal a, hearing officer decision that the Greenwich ^public
sohools day program is appropriate. Request is for day placement in which
parents have unilaterally placed their child. Hollace P. Brooks; Rome, Case,
Donelly, Kennelly & Klebanoff; 664 Farraington Ave., Hartford 06105,
203-549-6400.
i
[HI] Francis v. Hartford Bd. of Ed. U.S. Dist. Ct. 1978. Consent
decree 1978. A member of the Rastafferian religion was suspended for wearing
a religious cap on her head. Martha Stone, Connecticut Civil Liberties Union,
57 Pratt St., Hartford* 06103, 302-247-9823.
<
[F5] Gtozzo v. Quigley . Superior Ct. Hartford-New Britain Co. Mar.
1978. Temporary injunction Mar. 1978. Moot. Whether refusal of health
director to approve innoculation certificates deprived students of right to
education under state constitution and of equal educational opportunity and of
a property right, without due process. David T. Ryan; Robinson, Robinson &
Cole, 799 Main St., Hartford 06103, 203-278-0700.
IF5J Qoszo v. Town of Rooky Hill . Superior Ct. Hartford-New Britain
Co. Aug. 1979. 4 Damages for health directors negligence in performing
sinisttjritl duties and aotion for attorneys fees, following a successful case
based oh due process - Oozzo v« Quigley . supra. David" T. Ryan; Robinson,
Robinson £ Cole, 799 Main St 'Hartford 66103 1 203-278-0700.
CH13 # Qreenwioh Bd; of Ed. v. State Bd. of Ed. & Miller . Superior Ct.
Stanford Co. July 1980. Withdrawn. Sp. Ed. Appeal of hearing officer's,
decision that private school was appropriate. Ellgn S. Boer, Assistant Town
Attorney^ Legal Dept. Town Hall, Greenwich 06830, -203-622-7878.
[HI] Qreenwioh Bd. of Ed. v. State Bd. of Ed. 4 Smiles . Superior Ct.
Staiifbrd Co. Aug. 1980. Sp. Ed. Appeal of hearing officers decision that
residential placement is appropriate. Ellen S. Boer, Assistant Town Attorney,
Legal Dept. Town Hall, Greenwich 06830, 203-622-7878.
6 [HI] Koch v. State Bd. of Ed. Superior Ct. Hartford Co. 1980. Sp.
Ed. Whether the school board should pay any part of the cost of out-of-state
residential placement made unilaterally by parents. Hollace P. Brooks; Rome,
Case, Donelly, Kenelly'i Klebanoff, 664 Farmington Ave., Hartford 06105,
203-549-6400. r
-CH6 HO] Loughran v. Flanders . U.S. Dist. Ct. 1977. Dismissed Apr.
1979* 470 F. Supp. 110. Sp. Ed. Whether 94-l42 # gives an implied private v
remedy fop damages. Igor I. Sikorsky, Sr., Ill Pearl St., Hartford 06103,
203*527^1854.
CHI] JbseTtr v. Shedd . U.S. Dist. Ct. Nov. 1980. Settled Feb. 1981.
14 CHR 1297. Sp. Ed. Plaintiff requests residential placement. Conflict
between state departments. Sue Ann Shay, Neighborhood Legal Services, 1229
Albany Ave., Hartford 061 J2, 2 03-2*7 8-6850.
tHlj Richard M * v. Shedd* . U.S. DistV Ct. 1980. Sp. Ed. Necessity
for 24 hour residential placement. University of Connecticut Legal Clinic,
1800 Asylum Avenue, West Hartford 06ll7 r 203-523-4841.
[Hl]„ . Bd. of Ed. Town of Manchester v. Connecticut State Bd. of Ed .
Superior Ct. 1977. Decision, D. State Supreme Ct. * Decision Feb. 1980, x D.
427 A. 2d 846. Sp. Ed. Whether local school board had to pay costs of private
schooling (where, after long delay, parents put child in private school, which
placement was approved by State Board of Education). Thomas J. Prior, 229 E.
Center St., Manchester 06040, 203-646-6130.
[HI] Manchester Bd. of Ed. v. State Bd. of Ed . Dec. 1978. Sp. Ed.
Challenge to hearing officers decision th5t all residential costs for
handicapped child were for educational reasons. Lawrenc^i J. Campane; Sullivan,
Lettick & Sohoen, 646 Prospect Ave., Hartford 06105, 203-233-2141.
[HI] * Martin v*. Norwalk Bd* of Ed. U.S. Dist. Ct. Dec* 1980. Sp.
Ed. Whether residential placement of autistic child is for educational reasons
(school board pays) or non-educational reasons* Stephen Wizner, Jerome N.
Frank Legal Services Organization/ Yale Law School, Box 401-A Yale Station, New
Haven 06520, 203-436-2210.
[HI] Menegas v. Elizabeth* O'Hara Walsh School . Superior Ct. Danbury
Co. Aug. 1980. Preliminary injunction Nov. 1980. Sp. Ed. Suit* to force
school to review admission of autistic child. Whether state policy of
prohibiting placements beyond one year deprives child of free and appropriate
51
>' 1 ^
Z\ * 1
1 t - r>
education. Whether decision of PPT recommending that child remain is binding
\ on private school. David S.. Grossman, 304- Federal Road, Brookfield 06804,
t 203-775-2518 * i
; . CHI] Meriden Bd. of Ed. v. Dept. of Ed. Superior Ct. New Haven Co.
Dec. 1980* Sp. Ed. Appeal by local school board from state hearing decision
requiring board to pay full cos^ r of residential placement for emotionally
disturbed retarded child. Thomas N. Sullivan; Sullivan, Lettick & Schoen, 646
/ • . Prospect Ave., Hartford 06105, 203-233-2141.
CHI] New Haven Bd. of Ed. v. Teacher . Superior Ct. New Haven Co. Aug.
1980. ^ettledT Sp. Ed J Appropriate placement of handicapped child. Lubbie
Harper; Jr., Fritfdler & Kaplan, 956 Chapel St., New Haven 06511, 203-772-1810.
CHI] f Norwalk Bd. 1 of Ed . v. Festa . Superior Ct. Sept. 1980/ Sp.. Ed.
Appeal of hearing officer's decision that residential placement of handicapped
child was for educational purposes. Frank W. hurphy; Tierney, Zullo, Flaherty
& Hauser, P.O. Box 20^8, Belden Station, Norwalk 06850, 203-853-7000.
{H4 H6 PI]- P." 1 v. Shedd . U.S. Dist. Ct. Feb. 1978. Class action. Consent
decree Mar. 1979. EHLR 552:236. ELB 727, 892, 928. 13 CHR 109, 528, 962.-
< Sp. Ed. Alleged failure of school board and state education department to
■ provide free and appropriate education under 94-142 and 504 and State statutes,
including failure to develop I.E.P.s," failure to implement recommendations,
failure to hold due process hearings, improper classifications, and failure by
the state to monitor local practices. Diana Pullin, Center for Law and
Education, Inc., 6 Appian Way, Cambridge, Massachusetts 02138, 617-495-4666.
CHI H9] Michael P. v. Maloney . U.S. Dist. Ct. Oct. 1978. Class
* action. Consent decree Mar. 1979. EHLR 551:155. ELB 922, 12 CHR 504. 13
CHR 109. Sp. Ed. Whether the state or the local school district is
responsible for paying costs of residential placement of handicapped child.
Also whether parents should be assessed part of the cost of residential
placement. Margaret Moriarity, Neighborhood Legal Services, 1229 Albany Ave.,
Hartford 06112, 203-278-6850. *
i
CHI] Papacoda v. Clinton Bd. of Ed. U.S. Dist. Ct. Oct. 1980. Sp.
Ed. Appeal of hearing officer's decision that residential placement was not
for educational reasons. Also whether Connecticut statute 10-76 >is in conflict
with 94-142 and 504 as to payment of residential placement costs. James D.
Reardon, 102 Main St., Old Saybrook 06475, 203-388-4655.
CS2] Pirie v. Conn. Inter3cholastic Ath. Conf . Superior Ct. Apr.
1977. Decision Sept. 1980, D. Whether the right of 'a student to participate
in interscholastic athletics is an interest protected by the due process
clause. Harry B. Heller;- Heller, Heller & McCoy, 736 Norwich-New London
Turnpike, Uncasville 06382, 203-848-9289.
[HI PI P2] Luis R. v. Canzonetti . U.S. Dist. Ct. Apr. 1979. Partial,
summary judgment, June 1979, D. Settled. ELB 937. Sp. Ed. Failure to
provide individual program and appropriate residential education for
handicapped child; also challenges disciplinary procedures for handicapped.
The court ruled that the plaintiff must exhaust administrative remedies for the
special education claims. Deborah S. Freeman, Univ. of Conn. School of Law
Clinic, 1800 Asylum Ave., West Hartford 06117, 203-523-4841 ext. 387.
CHI] Redding Bd. of Ed. v. State Bd. of Ed. June 1978. Sp. Ed.
Authority of hearing board to award retroactive payment for unilateral
ERIC 52 5 7
I-
residential. placement by parents. Thomas N. Sullivan; Sullivan, Lettick and
Schoen, 646 Prospect Ave., Hartford 06r05, 203-233-2141.
tHl3 Region #18 Bd. of Ed. v.. Bd. of Ed . Superior Ct. New London Co.
Jan. 1980. Sp. Ed. Challenging hearing officer's decision that placement in
a private facility by the parents, without consultation with the school, was
appropriate. Thomas F. MoGarry} MoGarry, Prince, McGarry & Marrion, P.O. Box
910, New London 06320, 203-443-1818.
£53 S4] Robinson v. Connecticut Intersoholastio Ath. Conference .
Superior Ct. New London Co. 1980. Due process on suspension and eligibility
5° . ta , ke P* rt in athleti ° event. Ralph P. Dupont; Dupont arid Tobin, P.O. Box
58,> New London 06320 , 203-447-0335.
[P2] Sage v. Peebles. U.S. Dist. Ct. Jan. 1980. TR0 Jan. 1980. Sp.
Ed. Challenge to attempted expulsion, alleging that school had missed
identifying child as handicapped an,d that an IEP was needed. Richard L.
Tenenbaum, Connecticut Legal Services, 33 S. Main St., South Norwalk 06854,
' 203-^53-3070. - '
c [F H3 Shedd y. Freedom of I nformation Commission . Common 'Pleas Ct.
Hartford Co. 1977. Decision Feb. 1978, P. Appeal from defendant's order to
supply records used for data in the Early Leavers Report of the Hartford Board
of Education. Robert W. Garvey, Assistant Attorney General, 30 Trinity
Street, Hartford 06115, 203-566-4990.
CHI H4] Shelton Bd. of Ed. v. state Bd. of Ed. Superior Ct. Jan. 1981.
Sp. Ed. Whether handicapped child's primary disability was a" learning
disability or an emotional disability. Whether full residential placement is
for educational purposes. Lorrairie Osborne; Winnick, Vine & Welch, 70 Piatt
Rd., Shelton 06484, 203- 929-6351.
C 111 ^ Simsburg Bd. of Ed. v . Stated, of Ed. Superior Ct. Hartford
Co. .June 1978. Sp. Ed. Whether the hearing. officer exceeded his authority in
ordering retroactive reimbursement for unilateral private placement. Thomas
aoa^^SJl SulliVan ' Lettick and Schoen,. 646 Prospect Ave., Hartford 06105,
[P2] Stuart v. Nappl . U.S. Dist. Ct. 1977. Class action.
Preliminary injunction Jan. 1978. 443 F.Supp. 1235. Sp. Ed. Alleged lack pf
due process on attempted expulsion of handicapped child. Maintenance of status
quo during administrative procedures. Riqhard McCarthy, Connecticut Legal
Services, Inc., P.O. Box 8400, Bridgeport 06601, 203-336-3851.
[H6] Torres v. Shedd . U.S. Dist. Ct. Feb. 1981. Preliminary
injunction Mar. 1981. Sp. Ed. Charge that, school was not giving handicapped
child individual instruction in accordance with IEP. Richard McCarthy,
Connecticut Legal Services, P.O. Box 8400, Bridgeport 06601, 203-336-3851.
[H6] Peter W. v. - Shedd . U.S. Dist. Ct. Feb. 1981. Sp. Ed. Action
under 94-142 and the 14th Amendment alleging denial of educational services to
learning-disabled child in a parochical school.. Possible conflict between
federal and state Handicapped Acts in regard' to private schools. Meryl L.
203 S 756 W 8074 Connecticut Legal 5er Vi ce *» 85 Central Ave., Waterbury 06702,
1*°-! Wallingfor d Bd. of Ed. v. State Bd. of Ed. Superior Ct. New
Haven Co. 1979. Sp. Ed. Challenge to authority of hearing officer to award
53
J
reimbursement to parents who unilaterally placed child in residential
facility. Peter A. Janus; Siegel, 0 f Connor & Kainen, 60 Washington St.,
Hartford^06l06, 203-547-0550.
[HI] Wallingford Bd. of Ed. v. State Bd. of Ed. and Close . Superior
Ct. New Haven Co. 1979. Decision May 1980, M. 418 A. 2d 961. . Sp. Ed. On
appeal from State hearing officers decision, defendant moves for order to
compel plaintiff to comply with the decision. Whether the state can apply to
the court for injunctive relief. Peter A. Janus; Siegel, O'Connor & Kainen,
60 Washington St., Hartford 06106, 203-547-0550.
[HI H9] West Hartford Bd. of Ed. v. State Bd. of Ed. Superior Ct.
Hartford Co. 1979. Sp. Ed. What part of cost of residential placement should
be paid for by school board, i.e., educational v. non-educational costs.
Arnold H. Rutkin; Harrigan, Hurwitz, Sagarin 4 Rutkin, P.C., 147 N. Broad St.,
Milford 06460, 203-877-6071.
[HI] Westport Bd. of Ed. v. State Bd. of Ed. Superior Ct. Aug.
1980. Sp. Ed. Whether school board should pay costs of residential
placement. Frederick S. Ury; Sherwood,* Garlick & Cowell, P.O. Box 529i
Westport 06880, 203-227-9585.
[HI] Windsor Bd. of Ed. v. State Bd. of Ed. Superior Ct. Hartford Co.
Nov. 1978. Sp. Ed. Appeal from hearing officer's decision that student
needed special education outside public schools. Subsequent hearing officer
decided the other way. Vincent W. Oswecki, Jr.; O'Malley, ,Deneen, Messina 4 ,
Oswecki, P.O. Box 504, Windsor 06095, 203-688-8505.
DELAWARE
4
[HI] August v. Bd. of Ed. Superior Ct. New Castle Co. 1979. Sp.
Ed. Whether school system should provide placement in private school. Edwin
A. Tos, 1218 N. Market St., Wilmington 19801, 302-575-1189.
[HI PI] Biasotto v. Madden. U.S. Dist. Ct. 1980. Sp. Ed. Whether the
family must be reimbursed for cost of private placement when the school is not
on the approved list. Whether attorney fees should be awarded. Whether a
state. education agency employee can be the hearing officer. Whether the
district and state decisions should be more timely. Whether the state agency
can overrule the review officer 1 s decision. Brian Hartman, Developmental
Disabilities Protection and Advocacy System, Community Legal Aid Society, 913
Washington St., Wilmington 19801, 302-575-0660.
[D4] Boyce v. Ryan . Superior Ct. Kent Co. 1977. Settled. Damage
suit against a coach for ■ physical punishment of a student (for smoking). R.
Brandon Jones, Jr.; Hudson, Jones & Jaywork, 225 S. State St., Dover 19901,
302-734-7401.
[HI PI] Grymes v. Madden . U.S. Dist. Ct. 1978. Decision May 1979i P.
EHLR 552:183.- Sp. Ed. Whether the burden of proof at the hearing level is on
the school to prove its program is adequate. Whether the plaintiffs should be
reimbursed for private schooling under the "pendency clause." Brian Hartman,
Developmental Disabilities Protection and Advocacy System, Community Legal Aid
Society, 913 Washington St., Wilmington 19801, 302-575-0660.
54
[HI 1\L] Crymes v. State Bd. of Ed, U.S. Dfst. Gt. 1979. Decision Jan.
198l f P. EHLR 552:279. Sp. Ed. Whether the schools must reimburse cost of
private^ sohooling. Whether hearings m&st .be held promptly. Whether the use of
state education employees as, hearing officers violates the impartiality
i requirements* Whether the parties should have an opportunity . to present
evidence at tne state-level hearing* Brian Hartman, Developmental
Disabilities Protection and Advocacy System/ Community Legal Aid Society, 913
Washington St., Wilmington 19801, 302-575-0660.
[HI] Kruelle. v. Biggs. U.S. Disti Ct. Oct. 1979. Decision June 1980,
P. i»89 F. Supp. 169. CCA 3 1980., Decision Apr. 1981, P. Sp. Ed.
Appropriate education for retarded child - whether public schools will pay for
' residential plcc^ment. Pro se. Defense attorney is Roger Akin, Deputy Attorney
General { Departr X of Justice, Wilmington 19801, 302-571-3849.
ESI] Peoples v. St. Mark's High Sohool . Chancery, Ct. New Castle Co.
1978.. TRO denied then moot. 1 Ineligibility for sports after change of
residence. Robert Coonin,-12l8 Market Street, Wilmington 19801, 302-652-3155.
[HI] Pry or > v. Biggs . Superior Ct. New Castle Co. 1978. Settled.
School district contests hearing officer decision that the child should have
private placement. Whether thejwperior court or the family court has
jurisdiction. Edward Sacks (address unkhown) .
s
. CP1] Rollison v. Biggs . U.S. Dist. Ct. Apr. 1980. Sp. Ed. Due
process: Whether the hearing officer, on review can be an employee x>f
Department of .Instruction. Alleged failure to make finding of fact. Alleged
failure to allow parties to make arguments before Review officer. Douglas A.
Shachtman, 1823- Lancaster Ave., Wilmington-19805, 302-655-1800.
[R5] Salesianum School v. State Bd. of 'Ed. Superior Ct. Feb. 1980.
Decision June 1980, D. \ Settled. Suit- by a church high school to join the
public schoor athletic league ; t procedural due process—whether the athletic
conference must state reasons for refusing the school 1 s request to join.
Francis Trzuskovfski; Trzuskowski, Kipp, Kfellehen, and Pearce, P.O. Box 429 9
Wilmington 19899, 302-571-1782. ,
C R 5] Valencia v. Blue Hen Conference . U.S. Dist. Ct. Mar. 1979.
Class action. Decision Aug. 1979, D* CCA 3 1979., Decision 1980, M. 476 F.
Supp. 809. Settled after romand to Di?t. gt. Whether a church high school
can be denied access to the publid school sports league. Thomas Neuberger;
Bader, Dorsey and Kreshtol, P.O. Box 2^02, Wilmington 19899, 302-656-9850.
DISTRICT- OF COLUMBIA
[01] • Alexander v. Harris . U.S. Dist. Ct. 1979. Dismissed May 1980.
Challenge to administrative procedures for handling parental complaints under
Title I of Elementary and Secondary Education Act. Stuart Schmitz, Lawyers
Committee for Civil Rights Under Law, Suite 526, 733 15th St., N.W.,
Washington, D.C. 20005, 202-628-6700.
[HI] Durante B. v. D.C. Bd. of Ed. U.S. Dist. Ct. Nov. 1979.
Preliminary injunction. Sp. Ed. Suit se'eking residential placement. J.
Dennis Doyle, Antioch School of Law, 1624 Crescent Place, Washington D.C.
20009, 202-727-9877 •
CHI] Beaulieu v. D.C. Bd. of Ed. U.S.. Dist. Ct. 1981. Sp. Ed.
Parents desire placement in a private school other than the school specified by
the hearing officer. Elam Lantz, Antioch School >of Law, Juvenile Clinic, 1624
Crescent Place, Washington D.C. 20009, 202-265-9500.
[H2 PI] Brown v. D.C. Bd. of Ed. U.S. Dist. Ct. 1979* Decision Sept.
1979, D. EHLR 551:101. ELB 92?., Sp. Ed. Whether a due process hearing was
r required when five deaf students were removed from a special education program
in a regular school to a separate special education school building. Dianne
Shisk, National Center for Law and the Deaf, 7th and Florida Ave., N«E. ,
Washington, D.C* 20002, 202-651-5454.
[HI] Bergman ' v. D.C. Bd. of Ed . U.S. Dist. jCt. June 1979.
Preliminary injunction. Sp. Ed. Residential placement desired. Mathew
Bogin, 1346 Connecticut Ave., Washington, D.C. 20036, 202-463-6668.
[HI] Capello v. D.C. Bd. of Ed . U.S. Dist. Ct: 1979* Decision Jan.
1980, P. EHLR 551:190. ELB 885. 14 CHR 54. Sp. Ed. Residential placement
for autistic child past the age of 18. Mathew Bogin, 1346 Connecticut Ave.,
Washington, D.C. 20036, 202-463-6668.
[Hi] Cox v. Brown . U.S. Dist. Ct. 1980. Preliminary injunction Nov.
1980. 498 F. Supp. 823. Sp. Ed. Whether the Department of Defense should
pay for private residential placement in the United States for two handicapped
children of parents stationed in Belgium where the Department could not provide
the special education required. Also, whether the Department can use the
"pendency" doctrine' to forestall a preliminary injunction. Michael J., Eig;
* Eig and Smith, 1730 M St., N.W., Washington, D.C. 20036, 202-466-8666, and
Mathew Bogin, 1346 Connecticut Ave. , Washington, D.C. 20036, 202-463-6668.
[HI] Andre D« v. Berry . Superior Ct. July 1979. Decision Dec. 1979,
P. 107 Wash* L. R. 235 (p. 2133). Sp. Ed f Action filed. against the city to
provide residential placement for education of a child who is before the courts
in a juvenile proceeding. J. Dennis Doyle, Antioch School of Law, 1624
Cresqent Place, Washington D.C. 20009/ 202-727-9877.
[HI ?X] fc Dixon v, D.£. Bd. of Ed. U.S. Dist. Cto 1981. TRO. Sp. Ed.
Whether arents can recommend specific placements in a due process hearing.
Michael J. Eig; Eig & Smith, 1730 M Street N.W., Washington D.C. 20036,
202-466-8666.
[H8] Fells v. D.C. Bd. of Ed. I. U.S. Dist. Ct. Nov. 1981. Settled.
EHLR 552:302. Sp. Ed. Suit for more reliable bus transportation for
handicapped dhildren. Matthew Bogin, 1346 Connecticut Avenue, Washington D.C.
20036,, 202-463-6668.
[HO F4] Fells v. D.C. Bd. of Ed. II. U.S. Dist. Ct. Apr. 1981.
Settled. Sp. Ed. Suit to obtain the student f s records from his institution,
under 94-142 and the Buckley Amendment. Matthew Bogin, 1346 Connecticut
Avenue, Washington D.C. 20036, 202-463-6668.
[HI] Foster v. D.C. fld. of Ed. U.S. Dist. Ct. Mar. 1981. Sp. Ed.
Suit for private placement. Matthew Bogin, 1346 Connecticut Avenue,
Washington D.C. 20036, 202-463-6668.
56 61
4 * P1] Hamilton v. D.C. Bd. of Ed. U.S. Dist. Ct. 1979. So Ed
m sis mSrzTu r i « nj R7?'~ o ~ ^
^, w « *» a 1730 M St., N.W., Washington, D.C. 20036, 202-466-8666.
& M CH4 i .» ' „— v ' D ' C * M ' of E<i * U.S. Dist. Ct. Jan. l 9 8l. Moot.' So.
"n J» 0r ° e MiJ?hS h r\ t0 ^J Uat6 an in »titutionalized child and ?
20036^202-^63-6668? Bo « in V 1346 Connecticut Avenue, Washington D.C.
ap"!' 13 ^ JPSF !' D : C ' Bd ' ° f ™' Dist. Ct. 1980. Class action.
DliefLt^J 1 th6 J earinS e ! taBlnei ' c ** specify a particular private
placement that was not recommended -by the schools. Matthew 'BoSn liifi
Connecticut Avenue, Washington D.C. 20036, 202-463^6668. * ' 3
[HI] Johnson y. D.C. Bd. of Ed. Superior Ct. Decision, P So Ed
LTEifrSJ?H nal 1 ? e n tt i n f/ 0r °5 ild se «Hing Private placement. ' Michael *«K
Eig, Eig 4 Smith, 1730 M Street N.W., Washington D.C. 20036, 202-466-8666.
19 l to\ 14 ChT^ V* ^ °- 8 - Di8t ' Ct ' 1980 ' ^ oiaion
iyou, r. i*» ,CHR 475. Sp. <&f. Proper education setting for student needing
cuy^i^d frn lal iH are ; «it in f ed^rar 0 oirt ^ t r th r
and £ith ™ 2%f laCe "S nt u rdered by the state Michael J. Eig;
big and Smith, 1730 M St., 4i.W., Washington, D.C. 20036, 202-466-8666.
. CS2] Jones v. D.C. School Bd. Oct. 1979. Decision 1979, D Suit
rranxxin Kersey, 716 E. Street S.E., Washington D.C- 20003, 202-232-3150.
tH6] Klatt v. D.C. Bd. of Ed. uVs. Dis^. Ct. June 1979 SafcM*rf
rtuSn' «? earin8 ^ired child seeks better special education services in'
Z w mTV n' V** 1 *' * ntiocn School of Law, 1624 CreSen?
Place, Washington D.C. 20009;, 202-727-9877. ' crescent
CHI] Udson v. D.C. Bd. of Ed. Superior Ct. 1978. Sp'. Ed.
. Washington D.C. 20001, 20 '28-9161. . '
Sd^M « ««■ 7*7^ V A D ' C ' **' ° rW ' U - S - Ct. 1980. EHLR 552:272.
PlaiSiff a l£Jl V 06 SJ 8 ^ 1 ?' ° f ColUmbia sch00la to « ive handicapped
piaintirr a diploma. Michael J. Eig: Eig and Smith 1730 m 11 u
Washington, D.C. 20036, 202-466-8666. ana smlth « "30 M St., N.W.,
1Q J!I 13 c Jgggy- P'C. Bd. of B«. U.S. Dist.'Ct. Jan. 1980. TRO Jan.
m ? uw ? P \, Residential placement for retarded child. Jack Marker
SSSSSS.^ SerViCeSf 310 ** St " NW ' Haahin «ton, D.cl IJobt '
tJm J* 3 1 k V * D ' C ' M ' or , Ed ' u ' s < Dist. Ct. Deo. 1978. S p. Ed.
ha^dioLnL r ae06nt f° r handica PP* d student. Scope of services for
MS d si; Legalit Z °f due proceas hearin «- Michaei ^g; Eig
and smith, 1730 M St., N.W., Washington, D.C. 20036, 202-466-8666.
Jack
[PI] * Murray v. D.C. Bd. of Ed. U.S. Dist. Qt. 1980. Sp. Ed.
Legality of due process hearing procedures for special. education. Michael J.
Eig; Big and Smith, 1730 MSt., N.W., Washington, D.C. 20036, 202-466-8666.
[E8] National Child Labor Committee v. Calif ano . U.S. Dist. Ct. Aug.
1977. Class action. Decision Sept. 1977, D. 11 CHR 589, 823. Suit against
the Department of Health, Education and Welfare to require more time for public
comment on migrant education regulations. John Ebbott, Migrant Legal Action
Program, 806 15th Street N.W., Washington D.C. 20005, 202-347-5100.
[HI] North v. D.C. Bd. of Ed. U.S. Dist. Ct. 1979. Decision Apr.
1979, P. Preliminary injunction. 471 F. Supp. 136. Sp. Ed. Suit for
residential placement. J. Dennis Doyle, Antioch School of Law, 1624 Crescent
Place, Washington D.C. 20009, 202-727-9877.
[HI] J, P. v. D.C. Bd. of Ed. U.S. Dist. Ct. Apr. 1979. Preliminary
injunction Nov. 1979. Sp. Ed. Suit for residential placement. Jack R.
Marker, Neighborhood Legal Service Program, 310 Sixth Street N.W., Washington
D.C. 20001, 202-628-9161.
[Hl> Parker v. D.C. Bd. of Ed. U.S. Dist. Ct. Aug. 1979. Preliminary
injunction Sept. 1979. EHLR 551:267. ELB 924. Sp. Ed. Suit for placement
in a private school. Michael J. Eig; Eig and Smith, 1730 M St., N.W.,
Washington, D.C. 20036, 202-466-8666.
[HI] ' Payne v. D.C. ,Bd. of Ed. U.S. Dist. Ct. Oct. 1980. Sp. Ed. In
home services and residential placements Jack Marker, Neighborhood Legal
Services, 310 6th St., N.W., Washington, D.C. 20001, 202-628-9161.
[HI] Pollard v. D.C. Bd. of Ed. U.S. Dist. Ct. Mar. 1979.
Preliminary injunction 1979. Sp. Ed. Suit for residential placement. J.
Dennis Doyle, Antioch School of Law, 1624 Crescent Place, Washington D.C.
20009, 202-727-9877.
[HI] Reed v. McGuthrie. Superior Ct. 1980. Sp. Ed. The Board of
Education contests a private placement granted by the hearing examiner. Diana
Savit, Corporation Counsels Office, 500 Indian Avenue, Room 4450, Washington
D.C. 20005, 201-727-3885.
[HO] Robertson v. D.C. Bd. of Ed. U.S. Dist. Ct. Nov. 1980. Sp.
Ed. Attorneys fees for administrative hearing under §504. Mathew Bogin, 1346
Connecticut Ave., % Washington, D.C. 20036, 202-463-6668.
[HI] Sasson v. D.C. Bd. of Ed. U.S. Dist. Ct. 1980. Sp. Ed. Suit
for residential costs of a private school placement. Robert Levine, 1800 M
Street, Washington D.C. 20036, 202-293-3170.
[HI] Small v. D.C. Bd. of Ed. U.S. Dist. Ct. 1980. Sp. Ed. Svit
for improved residential placement during hearing. Matthew Bogin, 13^6
Connecticut Avenue, Washington D.C. 20036, 202-463-6668.
[H6] In re Christopher Thompson . Superior Ct. 1981. Sp. Ed.
Whether a student is entitled to more individual instruction. Lawrence
Jamison, Information Center for Handicapped Individuals, 120 C Street N.W.,
Washington D.C. 20001, 202-347-4986.
[PI] Towell v. D.C. Bd of Ed. U.S. Dist. Ct. Apr. 1981. Settled.
Sp. Ed. Suit to force the Board of Education to grant a hearing. Matthew
Bogin, 1346 Connecticut Avenue, Washington D.C. 20036, 202-463-6668.
ini!lL«« g£ll§S& v- D.C Bd. of Ed. U.S. Dist. Ct., Preliminary 1
^ P * PP00MS requirements in 9* 142 hearing. Mathew
Bogin, X3^6 Connecticut Ave., Washington, D.C. 20036, 202-463-6668.
inldLSL lFf£ V \ D,C ' ° f ^ U,S - Diat - Ct ' Preliminary
injunction. Sp. Bd. Due process procedures and damages for failure to
provide appropriate schooling. Michael J." Eig; Eig^d mth?*Ei 805, 1730
M St., N.W., Washington, 'D.C. 20036, 202-466-8666.
CKL] , Weems v. D.C. Bd. of Ed. U.S. Dist. Ct. Mar. 1980. Sp. Ed.
SlJnlnff?! P r° 8ran ? a PP r °P riate ^r the child's needs, and whether he needs
m Sm!^ ! a ! P ; Marker » Neighborhood Legal Services, 3 10 6th St.,
WW, Washington, D.C. 20001, 202-628-9161. — '
Bd^iL^i- ^ itm , ire V ' dmCm M ° f U * S * Clst * ct * 1Q8 0« Settled. Sp.
M. Request for a temporary restraining order to enforce a hearing examiner's
TJ?\V ?rr? ing ^ Vate P lacement '. Elam Lar.tz, Antioch School^f £w.
Juvenile Clinic, 1624 Crescent Place, Washington D.C. 20009, 202-265-9500.
^<x-
fe *
r-
FLORIDA
ioi? ] « < Blackford v. Orange Co. School Bd. C ir. Ct. Orange Co. June"
21 1 P 80181 ™ Au «* 1Q 78. D. Dist. Ct. of Appeal decision Apr. 1979, P.
u5°JJ5£ deCid6d t ?, Cl0ae SCh ° 0lS in 3 S6Cret aeeti V <Floblda "Sunshine
SSnS q SS; i °5SJS£«S! ' ^ B, ~ 1(11185 peed and>Kin «^- 0 - *« *#*
CAl] Burke; v. Turlington. Cir. Ct. Leon Co. Jan. 78. Suit bv NAACP
representative to attend a meeting of a committee established by the DeJaJtmlnt
*tSn, a f ? JT*? ~ Ut0 ' 8 C0 ^ Xen °y ^sts. Robert W. Williams,' Rutgers
University Law School, Camden, NJ 08102, 609-757-6372. ^
/
IQ^D V ; ^* U ' S - D ist. Ct. N.D. Dec. 1977. Decision Sept.
19 f9i D. The student contends he was not given any heading on his
expulsion. Stephen M. Slepin; Slepin, Slepin, Lambert 4 Waas, 1114 E. Park
Ave., Tallahassee 32301, 904-224-5200. •
D l? cV «f innJr? 5 ? V X ii e ^LPo i _Schopl_Bd. Dist. Ct. 1977. Decision 1977,
L n*« c PP decision 1?78, D. 362 So. 2d 371. Hearing denied by Florida
and U.S. Supreme Cts. Contesting suspension of student for having a
„ , B T 6 S * R ° g0W ' diversity Law renter, 3100 S.W. 9 th Ave.,
Ft. Lauderdale 33315, 305-522-2300. , *
u i H6 } ' Rorida Ass'n. for Retarded Citizans v. Graham . U.S. Dist. Ct.
- S£\J£h« 9 9 \ aaS? Abti ° n * SP * "* plaint iffs allige-that the school is
not providing adequate special education programs for retarded children.
305-84ll7mf Great6r ° Pland ° 16831 Services » P -°* I790 f Orlando 32802,
CS2S4] Florida High School Acti vities Ass'n. v. Bradshaw. Co. Ct.
I ^^'o^lh 08018100 1977 ' p « of Appeal decision Mar. 1979,
«i'<Jh?i??' > 3 2 «. F lalntlff contends that the Association removed him from
eligibility for football in a capricious manner and violated due process
O 59
EjyC^ 64
requirements. Challenge to one year residency rule. Douglas J. Loeffler,
P.O. Box 747, Clearwater 33517, 813-443-7636.
' tAl] F lorida State Bd«__of Ed. v. Brady . Dist. Ct. of Appeal June
1978. Decision July 1979, P. Defendant, who failed part of the competency
test, challenged the scoring criteria by which functional literacy was
determined on the grounds that it had not been properly adopted. This is an
appeal; from a ruling by the Division of Administrative-Hearings upholding the
defendant's position. James D. Little, General Counsel, State Board of
Education, Knott Bldg., Tallahassee 32301, 904-488-7707.
[D8] Franklin v. Hendry Co. Dist. School Bd. Dist. Ct. of Appeal
1978. Decision Mar. 1978.' 356 So. 2d 931. -School expulsion. Plaintiff
charged that school board hearing relied on hearsay testimony presented by
affidavit. Robert J. Shapiro, Bay Area Legal Services, 305 N. Morgan St.,
Tampa 33602, 813-223-2525.
[D8] Gains v. Silas Pittman . U.S. Dist. Ct. Apr. 1979. Decision,
M. Student suspended by the school board charged that there was a violation
of due process in the suspension. Lindsey Moore, address unknown.
[H4 PI] Garrett" v. Broward Co. School Bd. Cir. Ct. Broward Co. Oct.
1977. Decision, D. ELB 475. Sp. Edi Plaintiff charged (under the state
constitution) that child was improperly classified during his ear^ly years of
schooling. Case was dismissed for failure to exhaust administrative
remedies. E.M. Obrig; Allsworth, Doumar, Schuler, Padula and Laystrom, 1177
S.E. Third Ave., Ft. Lauderdale 33316, 305-525-3441.
[HI H4] Grace v. Dade Co. School Bd. U.S. Dist. Ct. S.D. Apr. 1980.
- Settled. Sp. Ed. Plaintiff alleges that tfrfe child was originally classified
as uneducable in public schools and then reclassified when a new federal law
(1977) required payment to private school. (Originally filed in 1976 in state
court and appealed tp the District Court of Appeal.) Louis R. Beller, 420
Lincoln Rd., Miami Beach 33140, 305-531-0660.
[H6] Greth v. Dade Co. School Bd . Cir. Ct. Dade Co. 1979. Settled.
14 CHR 580. Sp.- Ed. Damage suit alleging that the Board wrongfully placed a
learning disabled child in a class for emotionally disturbed, thus depriving
him of needed education. Stephen Cahen, 8585 Sunset Drive, Miami 33143,
305-59 5-P605. *
[S2] Johnson v. Florida High School Activities Ass'n. Cir. Ct. Dade
Co. Dec. 1980. Preliminary injunction 1980. Moot. Student repeated a>grade,
and the association declared him ineligible for sports in his senior year; the
student then filed suit contending that this ineligibility rule was applied in
en arbitrary manner. Sarahlea Tobocman, Legal Services of Greater Miami, 1393
S.W. 1st St., Miami 33135, 305-649-5150.
' [H2 PI] Victoria L. v. Lee Co. School Bd. U.S. Dist. Ct. M.D. Sept.
1980. Sp. Ed. Parents ccmtest a child 1 s placement in an alternative learning
center, claiming due process violation because the hearing officer would not
permit a lay advisor to represent her. Robert P. Jordan; Jordan, ?.\ayne and
Jennings, 2638-A S. Harbour City ^lvd., Melbourne 32901, 305-723-6410.
[H3] Leftwich v. School Bd. of Collier Co. Cir. Ct. Collier Co. Aug.
1980., Decision Aug. 1980, M. Sp. Ed. Whether a change in the physical
location of an exceptional child's program of education constitutes a change in
educational placement. Guion T. DeLoach, 800 Harbour Drive, Naples 33940,
813-261^5572.
60
i 65
H6 223 Lcvon M. v. Broward Sohool Bd. U.S. Dist. Ct. Jan. 1981. Sp.
Suit to abolish the alternate education system -in Broward because it is
„npt considered possible to assign pupils to the system in an equitable way and
not discriminate against blacks. Plaintiffs wish to have the students provided
with lEPs. Gene Seibman, Legal Aid Service of Broward Co., 609 South Andrews
Avenue, Fort Lauderdale 33301, 305-764-8110.
£S2] Lotmore v. Florida High School Activities Ass'n. Cir. Ct. Dade
Co « 1 978. Decision 1978, P. Suit to enable student to participate three full
years in track. Joel S. Fass; Colodny and Fass, 626 N.E. 124th St., N. Miami
33161, 305-891-0066.
[Al E2] Love v. Turlington . U.S. Dist. ct. M.D. May 1980. Class
action. ' The case challenge « the Florida basic skills test (literacy test) as
requirement for diploma, alleging discrimination against blacks. Robert J.
Shapiro, Bay Area Legal Services, 305 N. Morgan St., Tampa 33602, 813-223-2525.
Jack M. v. Santa Rosa Co. Sohool Bd. U.S. Dist. Ct. N.D. Sept.
1979. Settled. Sp. Ed. Child was diagnosed as emotionally disturbed and fcut
in a home-bound program. Parents brought suit to have child placed in a
special residential school. John R. Grass, 120 S. Alcaniz St., Pensacola
32501, 904-434-0224. ,
[H3 P2] Michelle v. Polk Co. School Bd. Cir. Ct. Polk Co. Nov. 1978.
Withdrawn. Sp. Ed. Plaintiff charged improper placement in- a truancy school
which had no facilities or staff for handicapped children. Marcia E. Bove, 24
York Ct., Baltimore, MD 21218, 301-962-3870. ■'
[E2 H3 P2] NAACP v. Pinnellas Co. School Bd. U.S. Dist. Ct. M.D. Apr.
1980. Class action. Sp. Ed. Plaintiffs charge improper student suspension
and improper placement of blacks. Morris W. Milton; Williams and Milton, P.O.
Box 13517, St. Petersburg 33733, 813-822-4707.
o
Orange Co. School Bd . v. Blackford . Ct. of Appeal 1978.
Decision Apr. 1979, P. 369 So. 2d 689. Whether parents' association has
sufficient interest to have standing to challenge .the decision of the school
board to close schools and change boundaries. Appeal by school board from an
administrative hearing. John W.. Bowen; Bowen & King, P.O. Box 3462, Orlando
32802, 305-843-5260.
£ A1 , Debra P. v. Turlington . U.S. Dist. Ct. M.D. 1978. Decision Ally
1979, P. CCA 5 decision May 1981, P. Remanded.. ELB 845. ,13 CHR 449.
Whether the Florida basic skills test provides a fair appraisal of basic skills
among students who had attended segregated schools until recent years. Whether
the present school curriculum provides instruction in the basic skills which
are evaluated by the test. Whether "students received adequate notice of the'
establishment of competency tests. Robert J. Shapiro, Bay Area Legal
Services, 305 N. Morgan St., Tampa 33602, 813-223-2525.
[B2] Polk v. Polk Co. School Bd. Dist. Ct. of Appeal Mar., 1979.
Decision Aug. 1979;. D. Plaintiff claimed that the Florida Administrative
Procedure Act had not been followed in closing a school, because the Board did
not file an economic impact statement. Stephen C. Watson; Hahn, Breathilt,
Roberts and Watson, P.O. Box 38, Lakeland 33802, 813-688-7747.
[Dl D5] Pope v. Sang. U.S. Dist. Ct. M. D. Nov. 1979. Settled.
Contesting a student's suspension on the grounds that the marijuana was found
in an illegal search of a. car. Lamar Winegart III; Sheppard, Carithers and
k'einbaum, 215 Washington St*, Jacksonville 32202, 904-356-9661.
ERjC 61 6G
[Al] Robinson- v. Palm Beach Co. School Bd. Cir. Ct. Palm Beach Co..
June 1978. ^Class, action. Decision, D* ELB 742. 12 CHR 416. Suit contended
that the establishment of the competency test did not comply with state
administrative procedures act. Dismissed for failure to exhaust administrative
procedures. Robert >M. Hustead, Florida Rural Legal Services, Inc., 110 N.W.
Fifth Ave., Delray Beach 33444; 305-248-5500.
[SI] Rowe v. Florida High School Activities Aars^. Cir. Ct. Palm
Beach Co. 1978. Decision 1978, D. Dist. Ct. of Appeal decision 1978, D.
Student attacks his ineligibility for sports under the transfer rule after
moving from Germany to live with a grandparent in Florida. Thomas J.
Cunningham; Cunningham and Cunningham, P.O. Box 3543, West Palm Beach 334Q1,.
305-683-2900/ v
[P2] Ski v. T urlington . U.S. Dist. Ct. S.D. Jan. 1979. Decision- June
1979, P- CCA 5 Nov. 1980. Decision Jan. 19*3/, 635 F. 2d 342. Sp. Ed.
Due process requirements on expulsion of handicapped children. Duty of school
to consider whether disruptive behavior was a result of child's handicap.
Jacob A. Rose, Florida Rural Legal Services, Inc., 105 S. Narcissus Ave., W.
Palm Beach 33401, 305-833-^95.
[HI] Sarasota Co. School Bd. v. Cooke . Dist. Ct. of Appeal Aug.
1980; Sp. Ed. Appeal of hearing officer's decision that the child required
residential placement in a self-contained classroom for emotionally disturbed
children. John W. Bowen; Bowen and King, P.O. Box 3462, Orlando 32802,
305-843-5260.
[H6] Sariol v. Dade Co. Bd. of Pub. Instruction / Cir. Ct. Da<Je Co.
Mar. 81. Sp. Ed. Suit for damages on the ground that a mentally retarded
child, now 21, was not given any special education for three school years,
contrary to the recommendations of the Board's psychologist. Robert A.
Glassman, 2825 S. Miami Avenue, Miami 33129, 305-854-7000.
[D8] Seay v. Franklin Co. School Bd . U.S. Dist. Ct. Mar. 1981. ' '
Injunction Mar. 1981. Students were suspended (for alleged use of drugs on
school grounds) pending a school board hearing'-on whether to expel them. The
plaintiffs seek reinstatement in school and delay of the hearing to give time
to prepare a defense. Algia R. Cooper; Knowles, Randolph & 'Cooper, 121 1/2 S.
Monroe Street, Tallahassee 33301, 904-222-3768.
[D8] Seay v. Franklin Co. School Bd . Dist. Ct. Tallahassee 1931.
Decision 1981, D. Same issue as the previous case. Algia R. Cooper;
Knowles, Randolph & Cooper, 121 1/2 S. Monroe Street, Tallahassee 33301,
904-222-3768.
• [E5] Sfcone v. Calhoun Co. School Bd. U.S. Dist. Ct. N.D. Aug. 1978.
Class action. Settled. 12 CHR 500. ELB 712, 8 14. Charge of violation of
equal protection when a married,, pregnant student was not allowed to return to
school. Robert F. Williams, Florida Legal Services, 226 W. Pensacola St.,
Tallahassee 32301, 904-222-2151*
v [D8] Terry T. v. Pinellas Co. School. Bd. U.S. Dist. Ct. h.D. Apr.
1980* Class action. 14 CHR 471* Challenge tc suspension and expulsion on
the grounds that there was no meaningful hearing. Ronald B. Halpern, Gulf
Coast Legal Services, 65 Fort Harrison, Clearwater 33516, 813-443-0657.
[S2] Taylor v. Florida High School Activities Ass'n. Cir. Ct. Marin
Co. July 1977- Withdrawn. Suit contesting a rule that requires a student to
62
- 67 .
live with his family to be eligible for sports.- Edwin C. Cluster; Ayres,
Cluster, Curry, McCall and Briggs, 21 Northeast First Ave., Ocala 32670,
904-622-3281. -
[El] • U.S. v. Marion Co. School Dist . U.S. J)ist. Ct.'. Decision, D.
CO* 5. Decision 0ot/l980, P. 625 F..2d 607. - Whether the United-States
could sue to* seek specific performance of the' school board's contractual
assurances to desegregate. Howard L. Feinstein, Civil Rights -Division,
Department of justice, Washington, D.C. .20530
[E8] Valadez v. Graham . U.S. Dist. Ct. M.D. May 1978. Decision June
1979, D. 474 F. Sup'p. 149. Migrant children" sue to stop the school policy
of .failing children who enter school late, claiming discrimination against
migrants and Mexican-Americans, and request better education programs for. *'
.migrants. Marcia Bove, 24' York Ct., Baltimore*, MD 21218, 301-962-3870 '.'
tH6] * .Van Artsdalen v. School Bd, of Brevard Co, U.S. Dist. Ct. M*D.
Nov. 1980. Sp# Ed. Plaintiff charged improper placement of a learning
■disabled child, claiming; that the child was not provided a proper reading
program in school. ; Alice K. Nelson, 518 Tampa Street, Tampa 33602,
8l3~228—6030» »*
. * : . ^ ■
% IF1] 'Williams v. Lindeblad . Cir. Ct. Dafce Co. Apr. 1980'. TRO '
denied. Dist. Ct. -of .Appeal Oct. 1980. Whether suspending the student
because he was- wearing a belt buckle with confederate flag violates the First
Amendment. Kathleen M. Phillips, 1 S.E. 3rd Ave., Miami 33131, 305-377-3023.
[Dl E2] ■ Frank- Y. v." Shelton . ■ U.S. Dist. Ct. M.D. Oct. 1978.-' Class ' •
action. ELB 1007. 12'CHR 560.1 .Alleges racial discrimination in suspensions
and expulsions. in Florida. Robert J. Shapiro, Bay Area Legal Services, 305 -N.
Morgan St., Tampa 33602, 813-223-2525.
GEORGIA
C 111 ! . . John A. v. Hinsoh. U.S. Dist. Ct. Oct. 1978. Decision Oct.
1978,. D. Sp. Ed. Placement in a suitable private school sought. Rogvir .
Mills', 101 Marrietta Tower, Suite 3950, ■ Atlanta 30301, 404-221-4583.
[01]- . Arundar v.. Dekalb Co. School Dist. U.S. Dist.^Ct. N.D.-March .
1979. Decision 1979, D. CCAJ5. Decision June 1980, D. 620 F. 2d 493,
Whether a high school student'may recover damages from school which denied her
the right to enroll in certain courses. W. Larue Boyce, Jr.; Smith,
Longabaush, Mitchell, Boyce h Clark, 129 Trinity Place, Decatur 30030.
H04-378-2355-. ' ■<
[S2] Atkins v. Georgia High School Ath. Ass'n . U.S. Dist. Ct. M.D.
1977. Decision 1977, D. CCA 5 1978. Decision Oct. 1978, D. Challenge to ,
Association rule limiting interscholastic athletic competition to eight
semesters. John H. Ridley; Ridley 4 Wellon, 3565 .Piedmont Rd., Atlanta 30305,
404-261-1131. -
'[F4-H4. P2] Brown v. Hancock .' U.S. Dist. Ct. M.D. Apr. 1978. Settled. ELB
833. Sp." Ed. Charge of improper testing and classification; lack of due
. *
. '•* 63
process in a disciplinary hearing and violation of confidentiality (by
permitting a reporter in the hearing). Rachael Henderson, Georgia Legal
Services Program, P.O. Box 1459, Amerious 31709, 912-928-1293.
* [HI]; Cohen v. Mo Dan lei . U.S. Diat. Ct. Apr. 1980 / Voluntarily
dismissed, Dec. 1980, because of new 4th Cir. decision: 623 F .2d 893* Sp.
Ed. Suit for retroactive reimbursement of parents for private residential
placement. Brant Jackson, Jr., 6600 Powers Ferry Rd. 9 NW, Atlanta 30339>
404^955-1118. k
[H6 PI] Corry v.^McDanlel. U.§. Dist. Ct. Nov. 1980. Sp. Ed. Due
process in administrative hearings, and what are the educational needs of the
plaintiff. Billy Right; Kight and Flanders, 210 E. Gaines St., Dublin 31021,
912-275-2485.
[B4] Crim v. MoWhorter. Superior Ct. Fulton Co. May 1977. Class
Action, Decision Apr. 1978, P. Georgia Supreme Ct. 1978. Decision Jan. 1979,
D. 252 S.E. 2d 421. Whether charging a tuition fee for each course in summer
school violated the Georgia constitutional provision fpr a free education.
Robert S. Connelly; 5 Jr. , Powell, Goldstein, Frazer & Murphy, 35 Broad St.,
Atlanta 30335, 404-572-6600 .
[S2] DeKalb Co. School System v. White . Superior Ct. July 1979.
Decision Aug. 1979, ?• Georgia Supreme Ct. 1979. Decision Sept. 1979, D. 260
S.E. 2d #53. Challenge to High "School Association rule limiting participation
in interscholastic athletic competition to four years. John H. Ridley; Ridley
& Wellon, 3565 Piedmont Rd., Atlanta 30305, 404-261-1131.
- [01] Deri so v. Cooper . Superior Ct. Sumter Co. Dec. 1977. Supreme
Ct. 1980. Decision Oct.' 1980, D. 272 S.E. 2d 274. Sp. Ed. What constitutes
"adequate education 11 under the state, constitution and who determines adequacy.
Charges lack of funding for programs and inadequate facilities. Jonathan A.
Zimring, Georgia Legal Services Program, 133 Luckie St.,. Atlanta 30503,
404-565-6021.*
,{S2] Elias v. Georgia High School Ath. Ass'n. Superior Ct. Gwinnett
Co. May 1980. Decision July 1980, D. Student attacks the eight semester rule
for sports eligibility. John L. 31andford; Blandford & Werbip, 3508 Broad
Street, Chamblee 30341, 404-451-1306.
[H2 PI] totes v. Gardner . U.S. Dist. Ct. M. D. 1980. Sp. Ed.
Placement in least restrictive environment. Burden of proof in due process
hearing. Whether school must maintain status quo after suit filed. Howard
Sokol, Georgia Legal Services Program, 236 E. Greene St., Milledgeville 31061,
912-453-4855.
[HI H7] Fletcher v. Jimmy Y .; Superior Ct. DeKalb Co. Mar. 1979. Sp.
Ed. Whether residential full year placement is appropriate. Constitutionality
of expenditures. Charles L. Weather ly; Weekes, Candler, Sams and Weatherly,
One West Court Square, Decatur 30030, '404-378-2391.
[Bl] Foreman v. Burke Co. Bdt of Ed. Superior Ct. Burke Co. Feb.
I960. 8 Moot. Whether a boy living with his grandmother could go to local
school (moot because student became 18 years old and moved away). Kent E.
Silver, Georgia Legal Services Program, P.O. Box 389, Waynesboro 30830,
404-554-7801* „. ;
63
W7J Georgia Aa s'n. for Retarded Citizens v. Mo Daniel . U.S. Dist. Ct.
Nov. 1978... Class action certified July 1979. EHLR 552:365. ELB 908.
Deoislbn Apr. 1981, M. Sp. Ed. Whether mentally retarded children should be
provided more than 180 days schooling. Jonathan A. Zlmring, Georgia Legal
Services Program, 133 Luckie St., Atlanta 30503, 404-565-6021.
[H7 PI] Goodrich v. Atlanta Bd. of Ed. U.S. Dist. Ct. 1979. Sp. Ed.
Whether school authorities can place a restriction on the number of days that
residential education and services are to be provided. Also whether plaintiff
must file a new case for each school year. Thoma3 B. Branch III; Wildman,
Harrold, Allen, Dixon and Masinter, 1200 S. Omni International, Atlanta 30303,
404-656-1200.
CH73 Wendell H. v. McDaniel . U.S. Dist. Ct. Nov. 1979. Sp. Ed.
Whether school can limit number of days per year of residential placement.
John M. Letter; Harmon, Smith and Bridges, 1204 Life of Georgia" Tower, Atlanta
30308 , 404-"88l-1200. /
[S2] Heard v. Georgia High School Ath. Ass'nL U.S. Dist. Ct. M.D. •
Aug. 1978. Decision 1978, P. CCA 5. Decision 1978, D. Suit attacking the
eight semester rule for sports eligibility. J. Douglas Stewart;- Telford,
Stewart & Stewart, P.O. Box 430, Galnsville 30503, 4Q4-536-0101.
CP1] Helms v. MoDaniel . U.S. Dist. Ct. 1979. -'Decision Dec. 1980, D.
CCA 5 1981. Sp. Ed. Challenge to state's due process procedures regarding
placement o? handicapped students, .contending that the Georgia procedures, are
not in compliance with the mandates of the federal statutes. Brant Jackson,
Jr., 6600 Powers Ferry Rd., NW, Atlanta 30339, 404-955-1118.
© ,
[E5] Hill v. Johnson , U.S. Dist. Ct. Mar. 1977. Preliminary
injunction Nov. 1977, P. ELB 521. Whether the School authorities can send
pregnant students to a separate school (alleged to be inadequate) rather than
to the regular high school. Raiford Stanley, Jrj. , Georgia Legal Services
Program, Macon, 791 Poplar St., Macon 31201, 912-744-6261.
I
[S2 S4] Jackson v. Bibb Co. Bd. of Ed. Superior Ct. Bibb Co. Sept.
1978. Decision Sept. 1978, D. Whether there is! a constitutional right to
participate in extra-curricular activities (football). Whether Miere was due
process at the hearing in the administrative proceeding. Joseph Jones, Jr.;
Hill, Jones and Associates, 101 Marietta Tower S. ,\ Atlanta 30303, 404-688-1687.
[Al E2 HO] Johnson v. Slkes . U.S. Dist. Ct. Nov, 1979. Class action. 14
CLR 47. Sp. Ed. Contesting policy of school board that no educable mentally
retarded student can get a high school diploma, and the use of California
achievement testes as a requirement for a diploma. Also alleging discrimination
against black students. Jonathan A. Zimring, Georgia Legal Services Program,
133 Luckie St., Atlanta 30503, 404-565-6021.
[HI H7J Harry L. v. Hinson. U.S. Dist. Ct. 1979. Sp. Bd. Whether
school was appropriate for child. Whether residential full year placement was
needed. D. R. Sloan, Jr.; Hyatt and Rhodes, 2200 Peachtree Center, Harris
Tower, Atlanta 30303, 404-659-6600.
^ [HI H7] Lazenby v. DeKalb Co. Bd. of Ed. U.S. Dist. Ct. May 1980. Sp.
Ed. Whether full year residential placement should be provided and what
services are required. Thomas B. Branch III; Wildman, Harrold, Allen, Dixon
and Masinter, 1200 S. (Xnni International, Atlanta 30303, 404-656-1200.
[P2] Myers v. Douglas Co, Bd. of Ed. U.S. Dist. Ct. N.D. Nov. 1978.
TRO 1978, then became moot. 12 CHR 735. Sp. Ed. Whether the school complied
with 94-142 procedural requirements when suspending an emotionally disturbed
student. Robert B. Remar, Georgia Legal Services, P.O. Box 1319, Douglasville
30133, 404-949-1271.
[HI] Christopher N. v. Mc Daniel , U.S. Dist. Ct. Nov. 1978 Sp. Ed.
Whether school should provide residential placement. John M. Leiter; Harmon,
Smith & Bridges, 1204 Life of Georgia Tower, Atlanta 30308, 404-881-1200.
[Dl] Nunnelley v. Henry Co. School Bd . Superior Ct. Henry Co. Jan.
1981. " Decision Feb. 1981, D. Suit contesting expulsion of student for taking
pills, on grounds that the punishment 1$ too harsh and violates the compulsory
education law. Jay W. Bouldin; Bouldin & Harrington, 7886 N. Main, Jonesboro '
30237, 404-477-1414.
[H7] Peskin v. McDahiel . U.S. Dist. Ct. Dec. 1978. Sp. Ed. Whether
residential placement can be limited to 180 days,. Brant Jackson, Jr., 6600
Powers Ferry Rd., NW, Atlanta 30339, 404-955-1118.
[SI] Pfeffer v. Georgia High School Ath. Ass y n . Superior Ct. DeKalb
Co. 1980. Decision 1980, P. Student questions ineligibility for sports
after transfer from a private school to a public school. William R. Hurst;
Hurst * Barber, P.O. Box 88394, Atlanta 30338, 404-451-2307.
[HI H7] Prince v. Clarke Co. Bd. of Ed. U.S. Dist. Ct. 1980. Sp. Ed.
Whether residential placement is appropriate, 24 hours, full year, with
services. J. Douglas Parks, Box 1023, Gainesville 30503, 404-532-6993*
[HI] Ragan v. McDaniel. U.S. Dist. Ct. Nov. 1978. Sp. Ed. Whether
school should provide residential placement. John M. Leiter; Harmon, Smith
and Bridges, 1204 Life of Georgia Tower, Atlanta 30308, 404-881-1200.
[PI] Reineke v. Cobb Co. School Dist. U.S. Dist. Ct. N.D. Nov; 1979.
Decision Feb. 1980, P. 484 F. Supp. 1252. Whether the' school authorities can
censor and forbid distribution of high school newspaper critical of school
personnel without violating students 1 First Amendment rights. William E.
Hofftaan, Jr.; Trotter, Bondurant, Miller and Hishon, 2200 1st National Bank
Tower, Atlanta 30303, 404-688-0350.
[HI H7 PI] Smith v. Cook . U.S. Dist. Ct. Mar. 1979. Sp. Ed. Whether IEP
is adequate. Whether school is to pay for institutionalization for 365 days.
Whether school should pay all costs of placement or only educational costs.
Whether school funds can be used for other than educational purposes, i.e.,
medical expenses. Adequacy of administrative procedure. Stanley F. Birch,
Jr.; Deal, Birch and Jarrard, 212 Green St., Gainesville 30501, 404-532-9978.
[S2] Smith v. Crim . Superior Ct. Fulton Co. Aug. 1977. Decision
Sept. 1977, D. Supreme Ct. Oct. 1977. Decision Dec. 1977, D. 240 S.E* 2d
884. Challenge to high school association eight semester rule re eligibility
for extra-curricular activities (football). Robert S. Connelly, Jr.; Powell,
Goldstein, Frazer and Murphy, 35 Broad St., Atlanta 30335, 404-572-6600.
[H7 PI] Mark T. v. McDaniel . U.S. Dist. Ct. Feb. 1979. EHLR 551:21*.
Sp. Ed# Whether handicapped child has right to education on a year round
basis J Whether plaintiff had exhausted remedies by proceeding under state
plan. J Elizabeth Appley; Margie Pitts Hames, P.O., 794 Juniper St., Atlanta
30308, 404-873-6565.
[D8] Taylor v.- Newton . U.S. Dist. Ct. May 1980. . Challenge to
disciplinary policies and procedures— due process on suspension. Martha
Pearson; Nelson an<r*Sweat, P.O. Box 307, Athens 30603, 404-353-7373.
[Al] Wells v. Banks . Superior Ct. Tattnall Co. 1978. Decision 1979,
D. Ct. of Appeals decision Feb.. 1980. D. 266 S.E. 2d 270. Challenge to
local school board rule that, in order to graduate with a diploma, candidate
must achieve at least 9th grade (entering) level in mathematics and reading on
a competency test. Allegations of violation of state statutes, due process and
equal protection. Richard D. Phillips, P.O. Box 66, Ludowici 31316.
912-545-2191. *
[Al E2] Wells v. Tattnall Co. Bd. of Ed . U.S. Dist. Ct. S.D. 1978.
Suit attacking competency testing on the grounds that it discriminates against
blacks and has no. relationship to educational goals of the schools. David
Arnold, Georgia Legal Services Porgram, 133 Luckie Street, Atlanta 30503,
404-656-6021 •
[HI H73' Wildes v. DeKalb Co. Bd. of Ed. U.S. Dist. Ct. May 1980. Sp.
Ed. Whether full year residential placement should be provided, and what
services are required. Thomas B. Branch III, Wildman, Harrold, Allen, Dixon
and Masinter, 1200 S. Omni International, Atlanta 30303, 404-656-1200.
HAWAII
[B53 Casuga v. Clark. U.S. Dist. Ct. 1978. Class action. Suit to
stop use of tokens in school lunch program for children receiving free lunch.
Paul Alston; Paul, Johnston and Alston, Pacific Trade Center, Honolulu 96813,
[HI PI] Dept. of Ed. v. Carl D . Cir. Ct. 1979. Decisioi 1980, D. Sp.
Ed". Whether child is entitled to residential service. The trial court ruled
that the appeal by the state, from an administrative agency decision, had not
been timely filed. Diane Hosaka, Attorney General's Office, 415 South
Beretania St., Honolulu 96813, 808-548-6733.
[H1 P1 ^ Dept. of Ed. v. Carl D . U.S. Dist. Ct. May 1<,S0. Decision 1981,
D. Sp. Ed. Whether the child is entitled to residential service. Counter
claim— whether it is necessary to have separate hearing • for separate claims
under Sec. 504 and 94-42 when the facts are identical. Gary Chang, Attorney
General's Office, 415 South Beretania St., Honolulu 96813, 808-548-4740.
£ H2 H63 Dept. of Ed. v. Dorr . U.S. Dist. Ct. Dec. 1980. Sp. Ed. Least
restrictive placement of child with cystic fibrosis and a tracheostomy; the
parents want the child placed in the classroom, but the school wishes home
instruction. Scope of medical service that must be given by school.' Charleen
808*5118 "wo* 7 Genera1 ' 3 0ffice « 415 South Beretania Street, Honolulu 96813,
CP1] Dept. of Ed. v. Eric G . Cir. Ct. Jan 1980. Decision 1980-, D.
Hawaii Supreme Ct. "1980. Sp. Ed. Whether the Department of Education has <
standing under the Administrative Procedures Act to appeal agency decisions
(i.e., whether the Department must file in federal court instead of state
67
court). Charleen Aina, Attorney General's Office, 415 South Beretania Street,
Honolulu 96813, 808-548-4740.
[HI PI] Dept. of Ed. v. Laura V. V.S-. Dist. Ct. Feb. 1980. Decision
1981, D. CCA 9 1981. Sp. Ed. Appeal from an agency decision granting
reimbursement for private placement tuition accrued while the IEP was being
prepared. Case was dismissed because it was filed late, and the issue on
appeal is the application of the statute of limitations. Charlene Aina,
Attorney General's Office, 415 South Beretania Street, Honolulu 96813,
808-848-4740.
[HI] Dept. of Ed. v. Mathew G . U.S. Dist. Ct. Feb. 1980. Sp. Ed.
The state contests a ruling that it must pay private school tuition. Charleen
Aina, Attorney General's Office, 415 South Beretania Street, Honolulu 96813,
808-548-4740.
[HI] Dept. .of Ed. v. Paul S . U.S. Dist. Ct. Nov. 1980. Sp. Ed. The
department contests an administrative ruling that it must provide costs of
private placement. Gary Chang, Attorney General's Office, 415 South Beretania
St., Honolulu 96813, 808-548-4740.
[HI] Doe v. Clark . U.S. Dist. Ct. 1979. Settled. Sp. Ed. Whether
the state had to provide private school tuition, because the state school could
not provide the services needed. Norman Lau; Radius, Lau and Arnett, 1136
Union Mall, Honolulu 96813, 808-523-6767.
[H6 H7] Doe v. Clark . U.S. Dist. Ct. Oct. 1978. Class action. Consent
decree June 1979, then contempt appeal to CCA 9 Dec. 1980. 13 CHR 306, 529.
Sp. Ed. Claim that the Department of Education was not providing speech
therapy and other special education services required by 94-142. Whether the
Department of Education can restrict the school year to 9 months. Todd Boley,
Legal Aid .Society of Hawaii, P.O. Box 368, Wailuku Maui 96793» 808-244-3731-
[HI] Gardner v. Clark I . U.S. Dist. Ct. March 1979. Preliminary
injunction Jan. 1980. CCA 9 1980*. tt Whether the state must pay for private
schooling of a learning disabled child; the school did not prepare an I.E. P.
Right to attorney fees in due process hearings and in court upon issuance of
preliminary injunction. Shelby Floyd; Paul, Johnston and Alston, Pacific
Trade Center, P.O. Box 98l3i Honolulu 96813, 808-524-1212.
[HI PI] Gardner v. Clark II . U.S. Dist. Ct. Jan. 1980. Sp. Ed.
Whether the administrative decision has to be madfc on an annual basis (whether
the hearing officer decision only lasts one year). Shelby Floyd; Paul,
Johnston and Alston, Pacific Trade Center, P.O. Box 9813, Honolulu 96813,
808-524-1212.
[R4] Hawaii v. Andrews. Cir. ^t. 1980. Decision June 1980, M.
Hawaii Supreme Ct. 1980. Whether a private school must be licensed under
state licensing law in spite of First Amendment objections. Russell S. Kato,
Deputy Attorney General, Attorney 'General's Office, 415 S. Beretania Street,
Honolulu 96813, 808-548-4740.
[HI H4] Lantzer v. Clark . U.S. Dist. Ct. Aug. 1979. Settled. ELB
9j*8. Sp. Ed. Whether the child was offered a free and appropriate education
when an I.E. P. had never been prepared. Requesting reimbursement for costs of
private schooling. Stanley E. Levin; Davis 4 Levin, 10 Marin Street, Merchant
Square, Honolulu 96817, 808-524-7500.
CH73, .Lee v. Oar*. U.S. Dist. Ct. Sept. 1980. Class action. Sp.
Ed. Right of each handicapped child to be evaluated for possible inclusion in
summer services. Contesting the policy of the Department of Education to deny
summer services to certain children. Shelby Floyd; Paul, Johnston and Alston,
Suite 1300, Pacific Trade Center, P.O. Box 9813, Honolulu 96813, 808-524-1212.
[PI] Seaman v. Clark . U.S. Dist. Ct. 1979. Decision i960, D.
Appealed to CCA 9 then withdrawn. Sp. Ed. Whether §504 provides a private.
Ca !? Se «f f^ i0n f0r 3 nandica PPed child. Whether the administrative hearing
under 94-142 was sufficient for a 504 hearing. Norman Lau; Radius, Lau and
Arnett, 1136 Union Mali-, Honolulu 96813, 808-523-6767.
[H6 PI] Won v. Clark. U.S. Dist Ct. Dec. 1979. Sp. Ed. Damage action
for not providing adequate services to a handicapped child in public school,
ana for terminating the child from special education without notice to
parents. Stanley E. Levin; Davis & Levin, 10 Marin Street, Merchant Square,
Honolulu 96817, 808-524-7500. 4 '
IDAHO
ERIC
£" 7] Anderson v. Meridian Jo int School Dist. U.S. Dist. Ct. Dec.
!\u 1!' Wrether a school session for handicapped students that extends
Pa ! ^ %i w y ' reqUired sch ° o1 year must com P ly witn the Rehabilitation Act
and the Education for all Handicapped Students Act. James Baugh; Idaho
™o locates for the Disabled, 1510 W. Washington, Boise 83702,
20o-33b-5353«
i07 C f ] uh V * " nified Sch001 Dl3t " U ' S - »i»t. Ct. Dec. 1977. Settled
197 B. Whether the school district violated a student's due process rights in
a suspension hearing. Plaintiff alleges that the charges were unclear, the
triers of fact were not impartial, and the evidence was not properly
835o" e 208-74 3 S han EUi3 ° n; *" ServiC63 ' Box 973 « L ™^°"
CH6] Jeff D. v. Evans. U.S. Dist. Ct. Sept. 1980. Sp. Ed. Whether
the State was providing adequate educational opportunities as required by
834oi!*208-5?4-366o! hn3 ° n; *" Service3 ' Pox 1136 « Idaho Falls
[H3] Erkins v. Joint School Dist. Dist. Ct. 5th Dist. 1977.
Decision 1978, P. Whether students have a right to transfer to other schools,
tuition-free, if their own school has "inadequate facilities" under
accreditation standards. William L. Mauk; Skinner, Donnelly, Fawcett and
Mauk, Box 700, Boise 83701, 208-345-2654.
[F2] Fogarty v. Atchley . U.S. Dist. Ct. 1978. Settled 1978.
Whether a school district can prevent a teacher from assigning a certain book,
S??*? t^ 1 ^?^ 3313 * Stephan L * PevarJ ACLU « Mountain States Regional
Office, 3570 E. 12th Ave., Suite 201, Denver, CO 80206, 303-321-5901.
[SI] Halligan v. Idaho High School Activities Ass'n. Dist. Ct. Ada
19?9 \ ??» th6n m ° 0t * Student sues to enter a state wrestling meet
after being ruled ineligible because he changed schools without changing
residence. Bert L. Poole, 703 N 8th Street, Boise 83702, 208-345-2104.
^ - 69
74
[S2] Halljgan v. Bd. of Trustees of the Boise School Dist. Dist. Ct.
Nov* 1980. Preliminary Injunction Feb* 1981. Moot. Whether a freshman,
attending a junior high school, can participate in high school varsity
sports. A. L. Lyons; Lyons, Bohner and Chasan, P.O. Box 1397, Boise 83701,
208-354-3760.
[E4] Idaho Migrant Council v. Bd. of Ed. U.S. Dist. Ct. Apr. 1979.
Decision Sept. 1979, D. CCA 9 1979. Whether Idaho is meeting the Title VI
requirement of bilingual education. Whether enforcement action should be
brought against the state, or the school district. Dennis Milbrath; Idaho
Migrant Council, 715 S. Capital Blvd., Boise 83701, 208-354-9761.
[S2] Mecham v. Idaho High School Activities Ass f n. Dist. Ct. 1979.
Decision, D. Whether a student who goes to an out-of-state school to play a
sport not available in his district can participate in other sports programs in
his district the next semester. William K. Fletcher; Parsons, Smith and
Stone, Box 910, Burley 83318, 208-678-8382.
[SI] Mullin v. Idaho . Dist. Ct. Ada Co. Feb. 1978. TR0, then
dissolved. Student contests a State High School Activities Association rule
that a student changing schools is ineligible for a year unless his parents
also change their residence. Howard Foley, P.O. Box 814, Meridian 83642,
208-888-3704.
[R2] Reimann v. Fremont Co. Joint School Dist. U.S. Dist. Ct. May
1980. Decision May 1980, P. Whether a public school can hold graduation
exercises in a church when an adequate public auditorium is available.
Stephan L. Pevar; ACLU Mountain States Regional Office, 3570 E. 12th Ave.,
Suite 201, Denver, CO 80206, 303-321-5901.
[32] Smith v. School Dist. No. 93 . Dist. Ct. Bonneville Co. Sept.
1977. Decision 1977, D. Student contests the eight-semester rule for sports
eligibility on the grounds that he could not play for two semesters when he wa3
sick. Reed L. Moss; Peterson, Moss & 01 sen-, 485 E. Street, Idaho Falls 83401,
208-523-4650.
ILLINOIS
[El] Aurora School Dist. 131 v. Cronin. Cir. Ct. Kane Co. July 1977. -
Temporary injunction July 1977. Decision Jan. 1978, P. App. Ct. Feb. 1978.
Reversed and remanded May 1979. Decision Feb. 1980, P. App. Ct. Mar. 1980.
Decision Jan. 1981, P. 415 N.E. 2d 1372. Leave to appeal to Illinois Supreme
Ct., granted June 1981. Whether the State Board of Education exceeded its
authority in its application. of its "Rules for the Elimination and Prevention
of Racial* Segregation in Schools" by requiring the school district to change
its attendance patterns in a way which could only be accomplished by busing
students, when state statute prohibits mandatory busing. Whether the Rules are
ultra vires and unconstitutional, and whether the Board can fix a mathematical
standard by which de facto segregation is determined. Lambert M.
Ochsenschlager; Reid, Ochsenschlager, Murphy and Hupp, P.O. Box 1368, Aurora
60507, 312-892-8771.
70 ?5
[H9] Da vid B. v. de Vito . Cir. Ct. Cook Co. April 1978. Decision
Aug. 1979, P. Sp. Ed. Suit to resolve dispute among three state agencies as
to which should pay for the education of emotionally disturbed ohildren, and to
aeoure payment. PatriokT. Murphy; Goldberg and Murphy, Ltd., 33 N. La Salle
St., Chioago 60602, 312-782-4530.
CH9] David B. v. de Vito . U.S. Dist. Ct. N.D.E.p. 1979. Sp. Ed.
Suit to "firm up n state court decision as to payment fo ' education of
emotionally disturbed ohildren. See David B. oase supra. Patrick T. Murphy;
Goldberg and Murphy, Ltd., 33 N. La Salle' St., Chioago 60602, 312-782-4530.
EA1 H4] Debra B. v. 111. State Bd. of Ed. U.S. Dist. Ct. CD. Mar.
1981. Class aotion. Sp. Ed. Challenge to the use of the same minimal
competency test for handicapped students as for normal students as a requisite
for promotion and graduation. Also aotion for damages. Gary E. Kerr; Kerr
and Longwell, 1307 S. Seventh, Springfield 62703, 217-522-2244.
[HI] Gary B. v. Cronin . U.S. Dist. Ct. N.D. Dec. 1979. Class
action- Preliminary injunction July 1980. Settled Jan. 1981. EHLR 552:144.
ELB 9112. 13 CHR 791, 14 CHR 579. Sp. Ed. Question of related services;
whether state has, to pay for therapy and counselling for handicapped children
who have been placed by the state in private schools. Jeffrey Gilbert,
Juvenile Litigation Office, 343 S. Dearborn, Suite 709, Chioago 60604,
312-341-1070.
[S2] Baber v. Illinois High School Ath. Ass'n. .Cir. Ct. Mar. 1980.
Preliminary injunction, 1980; which the Appellate Ct. and Illinois Supreme Ct.
refused to stay. A girl oontests the Association's ruling that she is
ineligible for sports because she is a tuition paying student in the public
schools. Peter Dole, 117 Washington St., Paris 61944, 217-461-7676.
[Bl] Bd. of Ed. Community Sohool Dist. No. 154 v. Regional Bd. of
School Trustees, McHenrv Co. Cir. Ct. MoHenry Co. Decision D. Appellate Ct.
Decision May 1980, D. 405 N.E. 2d 495. Dispute over the boundaries of a
school distriot, and in which distriOt a star tennis player resides. Allyn J.
Franke; Franks & Miller, 33 N. Dearborn Street, Chicago 60602, 312-782-5042.
[ fi l3 Bd. of Ed. Jonesboro School Dist. No. 43 v. Regional Bd. of
School Tru stees Union Co. Cir. Ct. 1979. Decision D. Appellate Ct. decision
July 1980, D. 407 N.E. 2d 1084. Plaintiff school board contests transfer of
a family from within its boundaries to within the defendant's boundaries (the
family is closer to the defendant school). Florence H. Slutzky; Robins,
Schwartz, Nicholas & Lifton, 29 South La Salle Street, Chicago 60603,
312-332-7760.
t E1 3 Bd. of Ed. School Dist. 40 v. State Bd. of Ed. Cir. Ct. Rock
Island Co. Aug. 1977. Whether there is de jure segregation. Also ohallenge
to the State Board of Education "Rules for the Elimination and Prevention of
Racial Segregation in Schools" on the grounds that they are (1) ultra vires (2)
arbitrary, unreasonable and capricious and (3) set an unreasonable and
unflexible mathematical formula for determining whether segregation exists.
Daniel Churchill; Churchill and Churchill, 1610 Fifth AVe., Moline 61265,
309-762-3643. . »
*
C E1 3 Bd. of Ed. School Dist. 104 v. Illinois State Bd. of Ed. -Cir.
Ct. Cook Co. Dec. 1978. Proceedings stayed Oct. 1979 and Mar. 1980 until
Chioago Heights case (infra) is decided on appeal. Whether the State Board's >,
"Rules for the Elimination and Prevention of Racial Segregation in Schools" (1)
are ultra vires (2) are unreasonable, arbitrary and capricious (3) deny due
process (4) are discriminatory and are not applied uniformly (5) order busing
\ contrary to state statute and (6) are invalid to the extent that they permit
the State Board to withhold funds from plaintiff* Anthony Scariano, Sr.;
Anthony Scariano and Associates, i450 Aberdeen, Chicago Heights 60411,
312-755-1900. -
[HO] Bd. of Ed. of Lovington Community v. Mayoroft . Cir. Ct. May
1979. Decision Sept. 1979, D. App. Ct. Oct. 1979. Decision Aug. 1980, D.
410 N.E. 2d 128. Sp. Ed. Appeal from board of trustees 1 decision approving
transfer of home from one school district to another at the request of parents
of child, so he could live with them instead of with his grandfather. Resisted
on the ground that the annexing school (which the child was attending) did not
have the learning disabled class and remedial reading program which the
Lovington school had. Joseph V. Florini; McLaughlin and Florini, 16 S.
Washington St., Sullivan 61951, 217-728-7325.
[D2 D8] Brooks v. Geneseo Community School Pi at. No. 228 . Cir. Ct. Henry
Co. May 1977. Class action. Agreed order Nov. 1977. ELB 517. Charge that
board of education suspended plaintiff without a proper hearing and reduced his
grades as additional punishment, thereby violating due process and depriving
him of a property right. Gerald Brask* Jr. Prairie State Legal Services, 111
N 3rd St., Geneva 60134, 312-232-9415.
[H5] Brown v. Chicago Bd. of Ed. Cir. Ct. Cook Co. Dec. 1978. Sp.
Ed. Appeal from hearing officers decision to terminate schooling for a deaf
boy who~is afunctional .Illiterate at_21. Whether failure to provide special
educational services for the boy obligates th^lJoarcTbf Education-to provide- „
services beyond the age of 21 years as a compensatory measure. Also action for
damages. Ira A. BUrnim, P.O. Box 2087, Montgomery, AL 36101, 205-264-0286.
[S2] Busch v. Illinois High School Ath. Ass'n. Cir, Ct. 1980. TR0
then settled. Suit contesting sports ineligibility ruling for an emancipated
student living apart from his parents. Martin L. O'Connor, 217 E. Washington
St., Bloomington 61701, 309-829-1257.
[Bl H9] William C. v. Chicago Bd. of Ed. Cir. Ct. Cook Co. 1977.
Decision July 1977, P. App. Ct. 1977. Decision May 1979, P. 390 NE 2d
479* Sp. Ed. Challenge to board's position that another school district, in
which a handicapped child is in residence, should begin to pay costs of
residential placement, where the child has been in the other school district
for some time, but the parents reside in Chicago. Linda Lipton; Better
Government Ass f n., 230 N. Michigan Ave., Chicago 60601, 312-641-1181.
[B4] Carlisle Community School Dist. v. . Cir. Ct. Clinton
Co. 1978. Suit dismissed 1978. Suit by school superintendent to collect fees
from students, including indigent- students, Lawrence Ruemmler, (Defense
Attorney), Land of Lincoln Legal Assistance 1212 Main St., Mt. Vernon 62864,
618-244-0235.
[El] Chicago Heights Public School Dist. 170 v. State Bd. of Ed. Cir.
Ct. Cook Co. Aug. 1977. Decision Nov. 1979, P. App. Ct. Dec. 1979. Decision
June 1981, P. * Challenge to State Board 1 s "Rules for the Elimination and
Prevention of Racial Segregation in Schools" on the grounds that they exceed
, the lawful authority of the Board, that they are arbitrary, unreasonable and
capricious, that they are unconstitutional in that they deny due process, that
they order busing in violation of state law and that they are invalid to the
extent that thay empower the Board to deny recognition to and withhold payments
from the school district. Anthony Scariano, Sr.} Anthony Scariano and.
Associates, 1450 Aberdeen, Chicago Heights 60411, 312-755-1900.
C pJ *3 Chicago Public Ed. Project of American Friends Service Committee
v « Bd. of Ed. of City of Chicago . Cir. Ct. Cook Co. 1977. Class action.
Settled Feb. 1979, P. ELB 547. Challenging denial of access to psychological
and other school records as violation of the Illinois Student Records Act and
the Family Educational Rights and Privacy Act. Linda Lipton, Better Gov^.
Asa'n. , 230 N. Mioh. Ave., Chicago 60601, 312-641-1181.
[El] Par land v. Gill . Cir. Ct. Winnebago Co. July 1980. Objection
to State Board of Education rule which has the effect of requiring bussing,
contrary to state statute. Also seeks an order requiring the Rockford schools
to cease the bussing which is currently being done pursuant to requirements of
State Board. Robert R. Canfield, 1100 Rockford Trust Bldg., Rockford 61101,
815-965-7761.
[D5 D8] Davis v. School Directors Dist. 150 . U.S. Dist. Ct. 1980.
Decision May 1980, D. CCA 7 1980. Decision Dec. 1980, D. Challenge to
suspension for possession of marijuana— due process. Also question of illegal
search. Charles R. MoGuire, Route 1, Box 141, Eureka 61530, 309-467-2487.
[D8] Davis v. Thompson . Cir. Ct. Union Co. 1978. Decision 1979, D.
App. Ct. 1979. Decision Deo. 1979, D. 399 N.E. 2d 195. Sec. 1983 action for
damages for lack of due process on suspension hearing. Dennis J. Hogan, 102
N. Tenth St., Murphysboro 62966, 618-684-3174.
[El] Dearman v. 111. State Bd. of Ed. Cir. Ct. Kane Co. Aug, 1978.
Dismissed Dec. 1978 when local school board declined to join. Whether the
State Board "Rules for the Elimination and Prevention of Segregation in the
Schools" constitute an attempt to require bussing, contrary to state statute.
Also challenge to Board's mathematical formula for determining compliance.
William A. Feda; Miller, Feda and Barboso, 35 Fountain Square PUza, Elgin
60120, 312-695-3355.
CD8] Diokerson v. Billups . U.S. Dist. Ct. N.D. 1977. Decision Nov.
1979, D. CCA 7 1980. Decision Dec. 1980, P. Due process on expulsion;
whether notice was adequate and hearing properly held. Also for attorneys fees
under §1988. John S. Eloon, Assoc. Prof, of Law, Northwestern Univ. Law
School, 339 East Chicago Ave., Chicago 6o6ll, 312-649-8576.
[ H1 3 Dmoohowski v. Hannon . Cir. Ct..Cook Co. Sept. 1979. Settled
Oct. 1980. Sp. Ed. Suit' for retroactive reimbursement for private school
tuition— special educational services. Arthur L. Berman; Maragos, Richter,
Berman, Russell and White, Chtd. 69 W. Washington St., Chicago' 60602,
312-782-9200.
[ D1 D8 3 Donaldson v. Bd. of Ed. of Danville Consolid. School Dist.. 118 .
Cir. Ct. Vermillion Co. Nov. 1980. Decision Dec. 1980 D. App. Ct. Jan.
1981. Challenge of school board suspension decision as being arbitrary,
capricious, and, because student missed final exams, denial of right to
education. Because the trial court judge dismissed the case on the ground that
no constitutional issue was involved, an issue on appeal is the scope of
Judicial review of school suspension decision. Thomas E. Kennedy III, Land of
Lincoln Legal Assistance Foundation, 327 Missouri Ave. f East St. Louis 62201,
618-271-5008.
73 73
[HI] Porn v. Cronin. Cir. Ct. Kane Co. Feb. 1978. Decision Jan.
1979 9 D. Sp. Ed. Suit for private placement and tuition reimbursement.
Whether present special education program meets the child f s needs. Raymond M.
Strass; Brittain, Ketcham, Strass, Terlizzi and Flanagan, 1695 Larkin Ave.,
Elgin 60120, 312-7^2-6100.
[El]. Finnelly v. 111. State Bd. of Ed. Cir. Ct. Cook Co. March 1978.
Decision April 1980, P. Challenge to Board of Education Rules concerning
desegregation that would require bussing of students, contrary to state
statute. Richard T. Franch; Jenner and Block, One IBM Plaza, Chicago 60611,
312-222-9350.
[S3] Fitzgerald v. Bd. of Ed. of Chicago . Cir. Ct. Cook Co. May
1978. Preliminary injunction, then settled June 1978. Where board of
education moved starting time of track meet ahead by two hours, without
adequate notice, members of school team sought injunction against publishing
results of the meet because the? had been excluded from several events. Sue
Anne. Herrmann; Cotton, Watt, Jones, King and Bowlus, One IBM Plaza* Chicago
60611, 312-467-0590. %
[H6 PI] Foster v. Community Consolidated School Dist. No. 21 . Cir. Ct.
Cook Co. Oct. 1978. Decision Dec. 1979, P. Sp. Ed. Charge of inappropriate
placement and program for a child with cerebral palsy, and failure to provide
therapy. Also whether there was proper notice of a hearing. Melvin J.-
Foster, 3008 Wilshire Lane, Arlington Heights 60004, 312-394-4167.
[D5 D8] Robert G. v. Bd. of Ed. of Carrier Mills-Stonefort Community
School Dist. No. 2. Cir. Ct. 1981. Plaintiff alleges denial of due process
in suspension and expulsion, plus unlawful search and unlawful arrest.
Stephen C. Mentes, Land of Lincoln Legal Assistance Foundation Inc., 704
Harrisburg National Bank Building, Harrisburg 62946/618-252-8317.
[01] Gammon v. Edwardsville Community Unit School Dist. No. 7 . Cir.
Ct. Madison Co. Mar. 1977. Decision n.o.v. June 1979, D. App. Ct. 1979.
Decision Mar. 1980, P. 403 N.E. 2d 43. Whether school exhibited willful and
wanton misconduct in not protecting student from a threatened assault. Robert
W. Bosslet, Jr.; Chapman and Carlson, P.O. Box 1365, Granite City 62040,
618-876-8440. e
[A2 H6] Goldberg v. Cronin . U.S. Dist. Ct. N.D. 1979. Sp. Ed, WMe
ranging action alleging non-compliance with §94-142, denial of civil rights,
educational malpractice in failing to properly place and educate a child, and
for reimbursement and damages. Ronald H. Balson, 180 N. La Salle St., Chicago
60601, 312-332-5556.
'* [Bl] Greenholdt v. Bd. of Ed. School Dist. No. 186 . Cir. Ct. Sangamon
Co. Aug. 1980. Decision Sept. 1980, D. App. Ct. Oct. 1980. Decision April
1981, remanded. Change of venue April 1981. Sibling transfer. Whether
revocation of authorization to a student to attend the same high school as an
older sibling was beyond the authority of the Superintendent, was
discriminatory (other transfers were not revoked) and was made without due
process. Mary Lee Leahy; Leahy and Leahy, 919 S. Pasfield, Springfield 62704,
217-522-4411. *
[Dl D8] Grunert v. Bd. of Ed. of Lincolnway High School bist . U.S. Dist.
Ct. Dec. 1980. Whether school followed its own rules in classifying a Valium
tablet as an illegal drug, stimulant or narcotic. Whether student was denied
due process in connection with her expulsion in that she was threatened with
, 7 * 79
expulsion if she requested a hearing before the school board. Marilyn
Longwell; Kerr and Longwell, 33 N. Dearborn St., Chicago 60602, 312-263-4730.
[H2] H&ll v. Sp. Ed. Dist. of Lake Co . U.S. Dist. Ct. Oct. 1980.
Preliminary injunction keeping child in present school— Oct. 198O. Sp. Ed.
Challenge 'to proposed transfer of EMR child to a segregated school a long way
from home. Parents sought least restrictive environment. Kevin Kane; Prairie
State Lege I Services, Ino., 104 W. Willow, Wheaton 60187, 312-690-6900.
[S2] Hare v. Bloom High School Dist. S -Cir. Ct. Cook Co. 1980. ^TRO
granted, then stayed by the Appellate Ct.*, and the Supreme ct. refused to
vacate the stay. Student was ruled ineligible for sports when his parents
moved to another district but he remained in the same high school. He brought
suit to overturn the Illinois High School Association ruling. Angel
Ciambrone, 1515 Halsted Street, Chicago Heights 60411, 312-755-9133.
[D5] ''Hentz v. City of Chicago . U.S. Dist. Ct. N.D. Apr. 1980.
Allegedly unlawful strip search by police and school officials without a
probable cause determination. Karen G. Anderson; Vedder, Price, Kaufman and
Kammhbltz, 115 So. La .Salle St., Chicago 60603, 312-781-2377.
I
[D5 ^ Hessling v. School Directors Dist. ISO . U.S. Dist. Ct. 1980.
Decision May 1980, D. CCA 7 1980. Decision Dec. 1980, D. Whether there was
due process on a 10-day suspension from school for possession of marijuana.
Also whether there was an illegal search of the student's purse and locker.
Charles R. McGuire, Route 1, Box 141, Eureka 61530, 309-467-2487.
[El] Joliet Gra de School Dist. No. 86 v . Cronin . Cir. Ct. Will Co.
1977. Whether the State Superintendent's "Rules for the Elimination and
Prevention of Racial Segregation in Schools" are arbitrary, unreasonable and ■
oeyond his authority. Whether the Rules require bussing contrary to state
statute. Whether there is segregation, either <fe facto or de jure, in the
district. Douglas P. :Hutchison; McKeown, Fitzgerald, Zollner,- Buck,
Sangmeister and Hutchison, 2455 Glenwood Ave., Joliet 60435, 815-729-4800.
[HI] Tonya K. v. Chi cago Bd. of Ed. U.S. Dist. Ct. N.L, Feb. 1981.
Class action. Sp. Ed. \ Class action to compel the Board of Education to place
handicapped children in the private day schools or residential placements that
have been determined to be appropriate for them, in accordance' with their
IEPs. Michael Young. and Susan Sitter; Legal Assistance Foundation, 343 '
Dearborn St., Chicago 606u4, 312-341-9026.
[S2] Kaempf v. 111. High School. Ass'n. 5 Cir. Ct. Cook Co. Nov. 1979.
Dismissed 198O. Challenge to Association rule which prohibits members of a
school team from participating on any non-school team in the same sport. "
Horst R. Seyferth, 4623 N.. Lincoln Ave . , Chicago, 60625, 312-561-7544.
1 n
EE6] Klemz v. Bd. of Ed. U.S. Dist. Ct. N.D. Oct. 1979. TRO denied
Oct. 1979. Settled Nov. 1979. Whether a girl could participate on a high
school golf team— there being ho girls' golf team. Prentice H. Marshall, Jr.;
Sidley and Austin, 1 First National Plaza,' Chicago 60603, 312-329-5400.
[SI] Kulovitz v. Illinois High" School Ass'n. Cir. Ct. Cook Co. Nov.
1978. Decision Nov. 1978, D. Whether there is a rational basis for a rule
preventing a student from playing basketball. He 'was ruled ineligible for ■
violating the transfer rule which applies to those over 18, i.e. who do not
need a guardian. Whether the possibilities of a future college scholarship '
75
SO
•create a property interest in participating in athletics. Jerry L. Lambert;
Lambert, Levinson, Wanninger, Levato and Canna, P.O. Box 26, Plossmoor 60422,
312-799-0190. -
. [S2] Kulovitz v. Illinois High School Ass'n . U.S. Dist. Ct. N.D. Dec.
1978. Decision Dec. 19?6, D. 462 F. Supp. 875* Whether there i3 a rational
basis for a rule preventing 18 year olds from playing interscholastic
basketball. Whether the possibility of a future college scholarship creates a
property interest in participating in athletics. Jerry L. Lambert; Lambert,
Levinson, Wanninger, Levato and Canna, P.O. Box 26, Plossmoor 60422,
312-799-0x90.
LH6] Darlene L. v. 111. State Bd. of Ed. U.S. Dist. Ct. N.D. March
1981. Sp. Ed. Whether the "Memorandum of Understanding" of the Governor's
Purchased Care Review Board is in conflict with §94-142 in providing that there
shall be no reimbursement or, payment Tor "psychiatric services," as
distinguished from "psychiatr^ diagnosis" and as distinguished from services
rendered by psychologists. Marilyn Longwell; Kerr and Longwell, 33 N. ,
Dearborn St., Chicago 60602, "312-263-4730.
[S3] La Harpe High School v. Illinois High School Ath. Ass^. Cir.
Ct. Hancock Co. 1979* Decision 1977 f D* The school sued to change the
results of a basketball tournament game because the referee made a mistake.
Richard Rasmussen, P.O. Box 509* La Harpe 61450, 217-659-3312. ,
[E3] Limon v. Harmon . U.S. Dist. Ct. Aug. 1977* Consent decree Jan.
1979. P. 12 CHR 63. Action for declaratory judgment, injunction and damages,
challenging school board's policy of requiring students from foreign countries
to show evidence of immigration status as a. condition to admission without
payment of tuition. Linda Yanez, Texas Rural Legal Aid, P.O. Box 450,
Brownsville, TX 78520, 512-546-5558.
[H4] Linkins v. Illinois Office of Ed. U.S. Dist. Ct. N.D. Oct.
1980. Settled, P. Sp. Ed. Suit to enforce he&ring officer's decision re
special education for blind, deaf, physically handicapped child who was
mistakenly classified by the schpol as* "emotionally disturbed." David B.
Kennedy; One Northgate Square, Greensburg,. PA 15601, 412-832-3740.
•*
[D5 D8] In re Matter of M. U.S. Dist. "Ct. CD. 1977. Preliminary
injunction denied, 1977* Challenge to suspension and expulsion on the grounds
that school officials had made a search without reasonable causej^J^.at the clay
pipe found was not within the vague term "paraphernalia" in the ^phocl rules
and that there was a failure of due process in the suspension hearing. Mary
Lee Leahy; Leahy and Leahy, *919 S. Pasfield, Springfield 62704, 217-522-4411.
[D5 HI P2]" Mangini v. Bd. of Ed. Community High School Dist. No. 108 . U.S.
Dist. Ct. Feb. 1981. Sp. Ed. Suit for damages by .parents on behalf of their
retarded son and themselves for an illegal search, for failure to hold a
hearing in connection with an expulsion, failure to inform the parents as to
their rights and for reimbursement for tuition and transportation costs.
Donald Page Moore, Qne IBM Plaza, Room 1414, Chicago 60611, 312-467-1750.
* r
[P2 D8] Massengill v. Bd. of Ed. of Antioch Community High School . U.S.
Dist. Ct. N.D. June 1979* Class Action.^ Withdrawn. 88 F.R.D. 181. Sp. Ed.'
Challenging an expulsion for inadequate hearing process including lack of
witness testimony, and use of inadmissible evidence. Requesting special
education procedures. Joseph Moscov; Prairie State Legal Services, 4 South
Genesee, Waukegan 60085 f 312-662-6925. ^
ERJC ' • .
.CDS] • Massey v. Bd. of Ed. of Community Unit School' Plat. No. 186.
Jackson Co. Cir.'Ct. Jackson. Co - June 1977. TRO June 1977. Preliminary
injunction denied June 1977.. ELB 553. Alleged failure of due process at
hearing which requited in Plaintiffs suspension and expulsion. Charge that
board failed to follow its own rules. Thomas E. Kennedy III, Land of Lincoln
Legal Assist. Foundation, 327 Missouri Ave., E. St. Louis 62201, 618-271-5008.
CH6] ■ McCowan v. Hahn. U.S. Dist. Ct. N.D. Nov. 1978. Sp. Ed.
Action for declaratory Judgment, injunctive relief and damages, for alleged
failure to provide evaluation procedures and educational services for a
handicapped child.. Linda Lxpton, Better Government Association, 230 N.
Michigan Ave., Ghicago 60601, 312-641-1181.
[F2] Mayer - v. Cronln . Cir v . Ct. Cook Co. Aug. . 79. Class action.
Mandamus to Superintendent to include information, Dec. U80, p. Whether
State Board of Education should issue rule that n abstinence n be taught along
with teaching about abortion. Whether State Board of Education, in issuing
guidelines for sex education pursuant to state law, should include "restraint"
and "abstinence" as ways of avoiding unwanted pregnancies, as well as
information about contraceptives and abortion. Camillo Volini, 111 West
Washington St., Chicago 60602, 312-641-2383.
♦ CHI] . Morris v. Cronln. Cir. Ct. Cook^Co, April 1979. Sp. Ed. Suit
by .parents of child enrolled in a special education class in a parochial school
for reimbursement of tuition. Patrick T. Murphy; Goldberg and Murphy, Ltd.,
33 N. La Salle St., Chicago 60602, 312-782-4530.
1
[HO]" Oakley v. Kllngberg Schools , cir. Ct. Cook Co. May 1980.
Settled, May 1980. School remained open. Class action. Sp. Ed. Action to
fnjpm foreclosure sale of private non-profit facility caring for 104
developmentally disturbed and retarded children and young adults. The- State
agencies are alleged to have under-funded the school. Action to require proper
funding and proper care. Patrick T. Murphy; Goldberg and Murphy, Ltd.. 3^ N.
La Salle St.,, Chicago 60602, 312-782-4530.
>
[E6] O'Connor v. Bd. of Ed. School Dist. No. 23 . U.S. Dist. Ct. N.D.
•Oct. 1980. Preliminary injunction, 1980. CCA 7 1980. Decision April 1981,
D. Petition for rehearing pending. Suit for injunction to permit sixth grade
girl to try out for the boys' sixth grade basketball team, instead of the
girls' interscholastic team. Rosemarie Guadnolo and Andrew B. David; Arvey,
Hodes, Costello & Burman, 180 N. La Salle Street, Chicago 60601, 312-855-5000.
CPU Clint. P,. y. Gill/ 0>S. Dist. Ct. N.D.E.D. March 1981. Class
Action. Sp. Ed. Challenge to Department of Education's interpretation of
§94-142 rules to the effects-hat the hearing officer can only determine whether
proper procedures have been followed and can make no substantive ruling. Ora
N. Schub and Michael Young; Legal Assistance Foundation, 343 S. Dearborn St..
Chicago 60604, 312-341-9026.
CHI] • » Peak v. Hitzeman. Cir. Ct. Lake Co. Dec. 1978. Dismissed as
moot. Sp. Ed. Action to review decision of Illinois Office of Education a-s
Inappropriate arid to have handicapped child given full time residential
placement. Wallace C. Winter and Ora N. Schub; Illinois D.D. Project, 343 S.
Dearborn St., Chicago 60604, 312-341-9026.
Cf^ Peoria Pub lic Schools Dist. 150 v. Maynard . Small Claims Ct.
1978. Decision 1978, P. Whether the school district discriminates improperly
in charging some students rental fees for books and not charging others.
77
LIC
James L. Hafele (Defense attorney), 717 First National Bank Bldg., Peoria
61602, 309-673-3513.
£E6,3; ; . Petrie.v. .111. High School Ass'n. Cir. Ct. Sept. 1978. Decision
1979, D. ' App. Ct. 1979. Decision Sept. .1979, D. 394 N.E. 2d. 855.
.Challenge to Association rule prohibiting boys from playing on girls 1
•Volleyball team s in a tournament when there is no boys 1 volleyball team. Marc
J. Ansel; Zimoerlyj, Dodd,- Ansel and Stout, P.O." Box 3475, Champaign 61820,
217-356-6363.
tH2*H6J Amy ft. v. Thompson . U.S. Dist. Ct. Nov. 1980. Class action.
Sp. Ed. Charge that severely retarded children at State institution are not
receiving proper evaluation or appropriate educational services and are being
held In a to6 restrictive environment. t Herbert Eastman, Land of Lincoln Legal
Assist; Foundation, 327. Missouri Ave«, East St . 'Louis 62201, 618-271-2476.
r •
CHI ?1] Mark R. v. Bd. of Ed. of Bremen Community High School Dist. U.S.
Dist. Ct. Nov. 1980. Sp. Ed.' Whether school board must reimburse cost of
private placement m&de by parents and confirmed by local hearing officer. Also
action for damages for interim failure to provide education, and for State
.Board's failure to rule on the appeal. Marilyn Longw^ll; Kerr and Longwell,
33 N. Dearborn, St., Chicago 60£>02, 312-263-4730.
CE1] l \ . Rock loland. School Di3t. No. 4l v. 111. State Bd. of Ed. Cir.
'Ct. Rock fsland Co. Oct. ^977. Action to restrain the State Board of
Education from enforcing its "Rules for the Elimination and Prevention of
Racial Segregation in Schools" on the grounds that they are unreasonable,
arbitrary and oppressive,. require bussing contrary to state lav, and provide
sanctions which are excessive and destructive to education. William H.
Dailey; CaUff ,- 4fctrper,_£ox and. Jteiluy, 506 15th St., Moline 61265,
309 r 76i*~836l.
[E2 D83 Hoss v; Bq. of Ed. ir.S. Dist. Ct. N.D. 1978-r^eci^iorrNMay 1980,
D. lihether expulsion hearing afforded .due process. Whether school ofhLcials
discriminated against plaintiff, on account of his race, itf violation of the
eq\ial protection clause*, John B. Murphey (Defense attorney); Ancel, Glink,
Diamond and Murphy, -180 N. La Salle St., Chicago 60601, 312-732-7606. *
£E13 ' * Slooomb v. School Dist. No. 65 . U.S. Dist. N.D. May 1^79.
Decision 1981, D. Alleged ihat revised school attendance areas placed an
undue and discriminatory burden of bussing on black school children. Kathleen
C« Y*nnias, Chicago Lawyers Committee for Civil Rights Under Law, 220 S. State
Street* Chicago 601504, 312-939-5797*
[B2] v Stassioa v. Hannon. Cir. Ct. Cook Co. Aug. 1977* Injunction
Sept* 1977, *P. App. Ct. Nov* 1977. Decision, P and remand ApV. 1979. 388
Jf.B. 2d 1110. Became moot 1980* Whether the Board of Education acted
arbitrarily and capriciously in determining to close a school, forthwith,
without adequate notice ^to the parents of the school's students. On appeal the
iajue was whether tha trial court Judge abused his discretion in not dissolving
Jlis TR0. Atirelia Mari* Puoinski, 5^75 M. Milwaukee, Chicago 60630,
112-631-0*00. ~
£H3J ^ , Stragga v. Verohota . Cir. Ct. Cook Co. May 1979. Sp. Ed.
Aotion tc review change of placement order of Illinois Office of Education.
Stttth,31tttp; Ugal Advooaoy Service, 3^3 S. Dearborn St., Chicago 60604,
312-3^-9026. \
78
83
C'H13 Teplitz v. Mount Prospect Elementary School Dist. 54 . Cir. Ct.
Cook Co. May 1979. Sp. Ed. -Action to reverse determination of State
Superintendent of Schools that parents cannot be reimbursed for private
placement tuition, despite the finding by the superintendent that the school
district failed to notify the parents of their rights and that the school
district's retention of the child in school was inappropriate. Wayne
312 m 2362606 DeJ ° n8 ' P ° ltrack and Giam P ietr0 > 134 N. La Salle, Chicago 60602 5
[F4] Thornton v. Bd. of Ed . Cir. Ct. Cook Co. 1980. Decision Jan.
1981, complaint stricken. Whether public comment by the school' superintendent
about the parents* attitude toward an expulsion amounted to disclosure of
student records in violation of the Illinois School Students Records Act or
whether the parents had themselves made the disclosure. William A. Hertzberg;
Sussman and Hertzberg, 2 N. La Salle St., Chicago 60602, 312-263-7780.
C E1 ^ United States v. Bd. of Ed. of City of Chicago . U.S. Dist. Ct.
N.D. Sept. 1980. Consent decree Sept. 1980. Desegregation of the maximum
number of schools practicable, in the City of Chicago, including faculty
reassignment, bi-lingual staffing for special education classes and an end to
unjustified within-school segregation. Michael H. Sussman, General Attorney;
Civil Rights Division, Room 7537, Department of Justice, Washington, DC 20530.
202-j533-4755 v . '
CHI] , Walker v. Cronin . Cir. Ct. Cook Co. Dec, 1979. Decision March
1981, P. * Sp. Ed. Suit for reimbursement of tuition paid by parents for
private placement. Patrick T. Murphy; Goldberg and Murphy, Ltd., 33 N. La
Salle St., Chicago *0602, 312-782-4530.
[SI] Walters v. Illinois High School Ath. Ass'n. Cir. Ct. 1978.
Withdrawn. Suit contesting sports ineligibility under the transfer rule.
Darrel Stalker, 4 Front St., Alton 62002, 618-465-4656.
[SI] White v. Illinois High School Ath. Ass'n. Cir. Ct. 1978.
Settled. An emancipated student contests ineligibility for sports under the
transfer rule. I Luther F. Spence, 201 N. Wells St., Chicago 60601,
309-829-1257. '
[HI] Williams v.. 111. Dept. of Mental Health & DP. Cir. Ct. Sangamon
Co. Feb. 1980. Sp. Ed. Action to require State Board of Educatici to pay
full cost3 of residential placement which it ordered, and not require the
parents to contribute $100 per month to such costs. Mary Lee Leahy; Le^hy and
Leahy, 919 S. Pasfield, Springfield 62704, 217-522-4411.
I «
[P2] ' Wlnkenwerder v. Mcintosh . Cir. Ct. Pulaski Co. Apr. 1980.
Consent agreement June 1980, P. Sp.~Ed. Multiple failure of due process on
expulsion, failure to identify handicapped child as such. Thomas T. Borek,
Land of Lincoln Legal Assist. Foundation, 2021 Washington St., Cairo 62914.
618-734-3124. '
[P2] Woods v. Hannon. U.S,. Dist. Ct. Feb. 1977. Settled Jan. 1980.
ELBSll, 1015. . 11 CHR 37, 14 CHR 360. Challenge to school board policy of
charging fees for text books, etc., alleging that the fees are not uniformly
applied and that they punish students who cannot afford to pay fees. Michael
D. Young, Legal Assistance Foundation, 343 S. Dearborn, Chicago 60604,
312-341-9193.
79 8 4
INDIANA
[S3] Agostino v. Indiana High School Ath. Ass'n. Cir. Ct. St. Joseph
Co. Oct. 198.0. TRO denied Oct. 198O. Challenge to the associations formula
for the triple play-off system in football that favors schools that are members
of a conference over independent schools. Equal protection and due* process.
Anthony M. Zappia, 52582 Dixieway N., South Bend 466?7 r 219-277-8720.
[HI] Baker v. Negley . Superior Ct. Marion Co. May 1980, Sp. Ed.
Action for reimbursement to parents for tuition, transportation, and special
services for ou^-of-state placement of handicapped child, where state had paid
such costs for two years, then ceased. David L. Dunlap; Ancel, Friedlander,
Miroff , and Ancel, Suito 1770, Market Square Center, Indianapolis 46204,
317-63^-4624.
«
[S3] Belcher v. Indiana High School Ath. Ass y n . Cir ; Ct. St. Joseph
Co. May 198 n > Class Action. Moot. Contesting the indefinite postponement of
a girls track tournament (See Williams case). Judge Jeanne Jourdan Swartz,
Court House, South Bend 46601, 219-284-95f0.
[P2] Brown v. Metropolitan School Dist. Decatur . Superior Ct. Marion
Co. May 198I. Sp. Ed. Suit to force school to evaluate student who has been
expelled. Roderick Bohannon; Legal Services of Indiana, 107 N. Pennsylvania,
Suite 300, Indianapolis 46204, 317-639-4117.
[HI] Burkhart v. State Bd. of Ed. Cir. Ct. Johnson Co. Oct. 1980.
Decision Apr. 1981, D. Sp. Ed. Appeal from State Commission determination
that local school could provide adequate services for multi-handicapped
child. David L. Dunlap; Ancel, Friedlander, Miroff, and Ancel, Suite 1770,
Market Square Center, Indianapolis 46204, 317-634-4624.
[D3 D9] Caruso v. Mooresville School Bd . Cir. Ct. Morgan Co. 1979.
Decision 1979, P* Contesting the suspension of a student from the wrestling .
team cn the grounds that the hearing procedures were not in accord with duo
process and that other students committing the same offense were given shorter
suspensions. Student permitted on team. Norman Brennan; Brennan, Curtis, and
Brennan, 106 East Market, Indianapolis 46204, 33.7-639-2511.
[S2] Caruso v. Pearson . Cir. Ct. Morgan Co. Feb. 1980. TRO refused.
Decision 1980, D. The coach would not allow the student to play in enough
meets for student to qualify for the state championship wrestling tournament.
Richard Zweig, 115 N. Pennsylvania St., Indianapolis 46204, 317-634-1080.
[Dl] Coder v, Rockville Community Schools et. at . Cir. Ct., Parke Co.
1981. TRO. Student, expelled because of truancy, charged thao the,
superintendent and school board acted in an arbitrary and capricious manner.
'Uso charged /that policy regarding truancy is contrary to Indiana law. James
McDonald; "Everett, Everett, and McDonald, 612 Merchants Building, Terre Haute
47807, ,812-238-2456.
[Dl]( Coleman v. Crawfordsville School Corp . Cir. Ct. Montgomery Co.
Dec. 197/J. Decision, M. Settled. Student suspended for alleged consumption
of alcohol challenged suspension on basis of no proof of the act. Jerry L.
Susong, 107 W. Main Street, Thorntown 46071, 317-436-2202. \
[B2] Colgrove v. Haunond School Bd. Superior Ct. Lak/ Co. Apr. 1977.
Decision Aug. 1977, Challenge to school board f s decision to close a school
80 Qsm
(because of declining enrollment) on the grounds that the board had not
followed its own rules, had not given sufficient consideration to the matter
and had abused its discretion. Ronald F. Layer and Thomas E. Pucinski: Sachs
and Hess, 5832 Hohman Avenue, Hammond 463*0, 219-932-6070. ■
pI CB1 t ] Commission on General Ed. v- Union TwP*. School . Cir. Ct. Hancock
?2ftn T ^ sion ?*• M. Appellate a. Nov. 1979. Decision Oct.
190U, m. 410 N.E. 2d 1358. Appeal by school from decisions of the Commission
2 S! 8a ~ d fc ? p f titions for transfers to another school. Whether the decisions
of the Commission were arbitrary because of lack of standards for such
S!£ 3, T Hl fel30n 1 ?* ?c i l} 3 '' Collin3 ' Gl,il ls. and Suess, 802 Board of Trade
Building, Indianapolis 46204, 317-639-3395.
IfJJ Commission on General Ed. v. Union Twp. School . Cir. Ct. 1979.
Decision June 190O, D. Appellate Ct. 1 9 80. Remanded Mar. l 9 8i. Appeal by
school from decisions of the Commission on petitions for transfers to another
school. Whether the decisions of the Commission were arbitrary because of lack
of standards. Nelson G. Grills; Collins, Grills, and Suess, 802 Board of
Trade Building, Indianapolis H6204, 317-639-3395.
[B4] toe v. Indiana Stat e Bd. of Ed, U.S. Dist. Ct.' N.D. Aug. 1978.
Class action. Decision Dec. ]<978, P. 12 CHR 836. Action to compel State
Department of Education to set up standards in regard to free text books and
instructional materials for indigent parents of students and to compel schools
to notify parents of the standards of eligibility, how to apply and how to
appeal any adverse decision. Ivan E. Bodensteiner, Valparaiso University Law
School, Valparaiso 46383, 219-464-5395. ■
10 £? 6] 00, » rJr^S' 2E ^- U * S * Di3t * Ct ' N ' D - x 977. Class action. Settled
55 }}? 85 ', BLB 626, 886 ' S Z' ™' Wheth6r the structure and the
amount and quality of the resources and professional staff in the instructional
program for handicapped children was adequate. Ernest M. Beal, Jr • Peters
2l9-423l4487 ri3h ' ^ Lar3 ° n ' 1700 Lincoln § ank Tower, Fort Wayne 46802,
CP2] Doe v. Kojger. U.S. Dist. Ct. N.D. Feb. 1979. Class action.
Decision Nov. 1979, P. 480 F. Supp. 225. Sp. Ed. Action to determine that
the due process requirements of 94-142, re change of placement, govern
expulsion of handicapped child rather than state disciplinary procedures.
Whether administrative procedures must be exhausted when the state
administrative procedure act is challenged. Also action for damages. Kyle M.
Payne, 3413 Kent Lane, South Bend 46615.
J- P2 } Dge v. Negley.. U.S. Dist. Ct . N.D. 1979; Class action.
Decision 1979, P, following Doe v. Koger, supra. Sp. Ed. Whether the
proceedings for expulsion of a handicapped child should follow the rules of
94-142 as a change of placement, as plaintiff contends, or the Indiana' student
discipline statute, as the defendant contends. Ivan E. Bodensteiner,
Valparaiso- University Law School, Valparaiso 46383, 219-464-5395.
[D5] Doe v. Renfrow. U.S. Dist. Ct. N.D. Apr. 1979. Class action.
S Si D 0n / Ugl f 1979 ' D ! 1,75 F ' , Su PP' 1012. CCA 7 Sept. 1979. Decision July
i? \ J» VI re nUd6 3earch) - 631 F. 2d 91. Petition for rehearing denied
Nov. 198O. 635 F. 2d 582. Petition for certiorari. Whether wholesale
detention of aril students and an organized three hour search with police x
officers and sniffing dogs looking for drugs violates Fourth Amendment rights
where thare is no probable cause to believe that any partioular student is in
possession of contraband. Also validity of nude search. Myrna Hart,
Valparaiso University Law School, Valparaiso 46383, 219-464-5272.
[D5] Duff v. Weddell . U.S. Dist. Ct. N.D. Apr. 1981. Whether a drag
net search for drugs, with dogs, without a warrant, based on vague rumors,
violated Fourth Amendment rights. Courtney Justice, 312 Main Street, Delphi
46923, 317-564-3134*.
[El] Hammond NAACP v. Hammond School Bd. U.S. Dist. Ct. Aug. 1978.
Class action. * Whether the school board is maintaining a de jure segregated
school system, intentionally containing black students in separate schools.
Thomas I. Atkins, NAACP, 1790 Broadway ,*4Jew York, NY 10019, 212-21*5-2100.
[Dfi D8] Honkomp v. Penn-Madison School Corporation . Cir. Ct. St. Joseph
Co. Oct. 1979* U.S. Dist. Ct. 1979. Withdrawn'. Whether student was accorded
due process when expelled. Whether the search of cars in a parking lot
violated the student's Fourth Amendment rights. Application for reinstatement
and damages. Kyle M. Payne, 3413 Kent Lane, South Bend 46615.
[SI] Krissv. Indiana High School Ath. Ass f n . Superior Ct. Henry Co.
Nov. 1977. Decision Jan. 1978, D. CCA May 1978. Decision May 1979, D. 390 N.
E. 2d 193* Suit challenging the association's ruling that the student was
ineligible after moving to live with a guardian in another district. Alleges
improper delegation of authority by the schools to a private organization and
denial of chance to obtain an athletic scholarship. A. S. Woolbert; Woolbert,
Cunningham, and Hulse, 25 East 9th Street, Anderson 46016, 317-644-3621.
[H4] Stephen L. v. State Bd. of Special Ed. Appeals . U.S. Dist. Ct.
N.D. Jan. 1978. Class action. Settled 1980. ELB 632. Sp. Ed. Appeal from
state agency decision that child should be classified as EMR, rather than
learning disabled, on the grounds that defendants have not used adequate^
methods to identify learning disabled children, have used IQ tests as the
principally determinant factor, have used untrained personnel in diagnosis, and
have placed children in inappropriate classifications without due process*
Ernest M. Beal, Jr.; Peters, Terrill, Parrish, and Larson, 1700 Lincoln Bank
Tower, Fort Wayne 46802, 219-423-4487.
[B2] LaVelle v. Bd. of School Commissioners, Indianapolis . Superior
Ct. Marion Co. July 1980. Decision Aug. 1980, P. Complaint that decision to
close eleven schools was made at a closed meeting, without proper notice, in
violation of the state Open Door Law. Bruce A. Hugbn, Peter L. Cassady,
Donald R. Lundberg; Legal Services Organization of Indiana, 107 N.
Pennsylvania, Indianapolis 4620*4, 317-639-4151.
[S2] May v. Ihdiana High School Ath. Ass'n . Superior Ct. Marion Co.
Decision 1977, D. Students contest defendant's ruling that they are
ineligible for failure to meet soholastic requirements. P. G. Kramer, 114 W.
High Street, Lawrenceburg 47025, 812-537-2522. .
ID1 D8] Maxfield v. Western Boone School Corp . Superior Ct. Boone Co.
Dec* 1978. Settled Deo / 1978, M. ' Action to obtain an injunction to halt an
expulsion for smoking until the administrative procedures were completed.
'Whether the school rules were up-to-date. Kenneth R. Baker, 122 S. Meridian
Street, Lebanon 46052, 317-482-6990;
[A3] . He C lure v. Union Co. Sohocl Corp . Cir. Ct. Union Co. Hay 1981.
Settled. Student was suspended because a small amount of marijuana was found
and expulsion proceedings started. Contention was that student had already
earned diploma. Under Indiana law it waa property right which could not be
82
taken away. Mark P. Bryan; Federico, Federico and Bryan, 9 East Union Street,
liberty H7353, 317-458-5144. '
(S2] Moore v. Indiana High Sohool Ath. Ass'n. Superior Ct. Marion Co.
Sept. 1977. TRO, then settled. Whether a student who wore a brace on his leg
while playing football was in violation of an Association rule that prohibits
wearing metal or other hard substance. Patrick J. Bennett; Bennett and Sheff,
7800 Shelby, Indianapolis 46227, 317-888-7002. T
[Dl D8] Neal v. Charles °A. Beard Memorial Sohool Corp . Cir. CU Henry
Co. Apr. 1981. TRO, then settled. Student who was expelled charges he was
not given equal protection under the law, received excessive punishment, and
that there were violations of the- due process requirements of Indiana law.
Patricia E. Goodspeed, 16 West Main, Kightstown 46148, 317-345-2779.
[033 Nunn v. Richland Bean Blosaom Community Sohool Corp . Superior
Ct. Monroe Go. Jan. 1980. Decision Feb. i960, D. Students contest their
removal from the wiestling team for breaking uhe training rules (chewing
tobacco) off school grounds. Kenneth Nunn, 121 So. CcUege Avenue,
Bloomington 47401, 812-332-9451.
CP3 D9] Patty v. He f ley . U.S. Dist. Ct. N.D. 1979. Decision Jan. 1980,
D. Procedural due process re suspension of cheerleaders from further cheer-
leading for getting drunk after game. Substantive due process— denial of
property rights. Courtney Justice, 312 Main Street, Delphi 46923,
317-564-3134.
[El] Payton v. Fort Wayne Commission Sohool Trustees . U.t:. Dist. Ct.
1977. Class action. , Settled 1978. Objection to. a bussing plan which put a
disproportionate burden on the black community. Also objection to closing a
relatively new sohool in a black neighborhood in favor of an older school with
poorer facilities. Chester Slaughter; Howard, Mann, and Slaughter, 188 W.
Randolph Street, Chicago, IL 60602, 312-236-5277.
£ B2 J Peacock v. Bd. of Sohool Commissioners. Indianapolis . Superior
a.. Marion Co. May 1981. Whether the Board's decision to close a High School
was made without properly establishing and publishing criteria for such
decision, without considering all the information available, and contrary to
the evidence provided to the Board. Nelson G. Grills, 802 Board of Trade
Building, Indianapolis 46204, 317-639-3395.
#t H °3 Peterson v. Negley . U.S. Dist. Ct. S.D. 1978. Restraining order
1978, P. Sp. Ed. Challenge to school board's proposal to transfer autistic
ohild from special prcgram for autistic children to a special education
cooperative that allegedly cannot provide the facilities, training and
personnel which the child requires. David L. Dunlap; Ancel, Friedlander,
Miroff, and Ancel, Suite 1770, Market Square Center, Indianapolis 46204,
317-634-4624.
[E6] v Sa^terlx v. I ndiana High Sohool Ath. Ass'n. U.S. Dist. Ct. S.D.
K: 1 1980. Decision May 1980, P. Whether a girl athelete could compete in
irtt'eraoholastic. athletics on the baseball team where there was no girls'
baseball team. Bell Choate, 151 N. Delaware Street, Indianapolis 46204,
317-634-3113.
C n 8] Skomp v. Eagle-Union Community Sohool Corporation . Superior Ct.
Boone Co. 1980. Decision Aug. 1980, D. Whether there was due process in an
l60?2 8 il7!J8*-6990 lVin8 B,lrijuana ' Kenn « fcn R - Baker » p -°- Box 501, Lebanon
' ' 83
[Fl] Summe v. Warsaw Community School Bd. U.S. Dist. Ct. N.D. 1979.
Decision Dec. 1979 applied Student Due Process Act, D. Charge of censorship
of school paper. Judge Jeanne Jourdan Swartz, Court House, South Bend 46601,
219-284-9550.
[HI] Timms v. Metropolitan School Dist. of Wabash Co. U.S. Dist. Ct.
S.D. Mar. 1980. Decision June 1980, D. ^CCA 7 June 1980. Decision Apr. 1981.
Remanded. Sp. Ed. Action to obtain full school-day education for handicapped
child in nursing home. David L. Dunlap; Ancel, Friedlander, Miroff, and
Ancel, Suite 1770, Market Square Center, Indianapolis 46204, 317-634-9052, and
Ernest M. Beal, Jr.; Peters, Terrill, Parrish, and Larson, Fort Wayne.
[Dl] Titus v. Western Boone Co. Community School Corp . Superior Ct.
Boone Co. 1981. TRO, then moot. Students were suspended for five days
because they skipped school with parents permission. Alleged that punishment
was too severe and that superintendent exceeded his authority under Indiana
law. John David McClure; Iddings, Whitsitt and McClure, P.O. 366, 216 W.
North Street, Lebanon 46052, 317-482-1331.
[H8] Tonkel v. East Noble SchoQl Corporation . U.S. Dist Ct. Nov.
1980. Sp. Ed. Appeal from state agency decision that school attended by
hearing-impaired boy did not have toibus nim back home after football
practice. Ernest M. Beal, Jr.; Peters, Terrill, Parrish, and Larson, 1700
Lincoln Bank Tower, Fort Wayne 46802, 219-423-4487.
[SI] - Train v. Brown . Cir. Ct. Hendricks,. Co. Mar. 1980. TRO, then
withdrawn. Eligibility for sports after change of school. Price A. Jackson,
Jr.; Kincaid, Kincaid and Shelby, P.O. Box 743i Lebanon 46052, 317-482-1370.
t E1 ] United States v. South Bend Community School Corporation . U.S
Dist. Ct. N.D. Feb. 1980. Consent decree Feb. 1980. .Desegregation of South
Bend schools. Michael B. Wise, General Attorney, Civil Rights Division, Room
7704, Department of Justice, Washington, DC 20530, 202-633-3809.
[D3 D9] Walker v. Cater . U.S. Dist. Ct. N.D. Mar. 1979. Students
claimed a violation of due process rights on being dismissed from team without
a hearing. Theodore D. Wilson, Perry H. Harrold; Wilson, Coleman and Roberts,
3447 Washington Blvd., Indianapolis 46205, 317-923-4573.
[Dl g2] Welsh v. Sch ool Town of Munste r. Superior Ct. Jasper Co. June
19So. Whether the action of the Board of Trusteed in expelling Plaintiff was
"arbitrary, capricious, without substantial evidence, unreasonable and
unlawful." (Due process not raised in the complaint.) Discrimination in
application of school rules, one expelled, two others short suspension.
Richard W. Johnson, 9013 Indianapolis Blvd., Highland 46322, 219-972-2660, and
Michael L. Muenich, 5231 Hohman Ave., Hammond 46320, 219-932-5656.
[DS] Williams v. South Bend School Corporation . Cir. Ct. St. Joseph
Co. 1979. Settled 1979. Whether a student was informed of his rights and was
accorded due process in connection with his expulsion. Kyle M. Payne, 3413
Kent Lane, South Bend 46615.
[S3] Williams v. South Bend Community School Corporation . Cir. Ct.
St. Joseph Co* May 1980. TRO, then decision June 1980, D. Whether failure to
register a star girl athlete to compete in her best event in the qualifications
for the state track meet violated her due prooesa rights in not notifying her
of the registration requirement and deprived her of a property right, i.ec, the
rijht to compete and the ohanoe to obtain a college scholarship. Frederick B.
Efctli Ettl and Ettl, 412 Lafayette Building, South Bend 46601, 219-233-9458.
84
/
CHI] ' Yoh v. East Allen Co. Schools . U.S. Dist. Ct. N.D. Aug. 198G.
Settled Jan. 1981, P,, except pending re damages and fees. Sp. Ed. Whether the
state would pay for placement in an out-of-state residential facility after
both the sohool board and the state agency had agreed on the need for such
placement. Douglas Miller; Barrett, Barrett, and McNagny, 395 Lincoln Bank
Tower, Fort Wayne 46802, 219-423-9551.
[S2] Zillmer v. Indiana Hig h School Ath. Ass'n . Cir. Ct. Marshall Co.
July 1979. Decision Aug. 1979, D. Student contests the defendant's ruling
that he is ineligible because he is too old. Mark Wagner, 1409 W. Plymouth
Street, Bremen 46506, 219-546-2626.
[F2] Zykan v. Warsaw Commu nity Sohool Corporation . U.S. Dist. Ct.
N.D. 1979* Class aotibn. Decision Deo. 1979, D. CCA 7 Aug. 1980. Decision
Aug. 1980, D. Dismissed Feb. 1981. Academic fr.eedom, 1st and 14th Amendment-
and Sec 1983 of Civil Rights Act; authority of school board to remove books
from the library and change curriculum. 'Prof. Joseph Bauer, Notre Dame Law
School, Notre Dame 46556, 219-283-6514.
IOWA
CH5] Barkley v. Bd. of Directors for Sioux City Community Sohool
Disti Dist. Ct. Sioux City 1978. Moot. Sp. Ed. Whether the state~statute
providing for education only up to age 21 denied due process to special
education students who were refused additional training beyond 21, claiming
that there was no criteria for allowing or not allowing such training, also
denial of equal protection. William J. Hornbostel; James and Galligan, 610
Equitable Building, Des Moines 50309, 515-282-3333.
C° 8 3 Bramblett v. North Scott Community School Dist. U.S. Dist. Ct.
S.D. 1979. Decision, p. Whether the school board could suspend a high school
sophomore for playing with firecrackers, without a due process hearing.
!io*Si J * McCarthyj McCarfc hy and Hart, 701 Kahl Building, Davenport 5*001,
[H33 Buchholtz y. Dept. of Publio Instruction . Dist. Ct. Cerro Gordo
Co. 1978. Decision 1979, D. Iowa Supreme Ct. Sp. Ed. Whether state school
board properly denied parental request to transfer handicapped child to
adjacent school district. John Sorer.sen; Boyle, Schuler, Stanton, Grabinski,
& Sorensen, 22 N. 3rd St., Clear Lake 50428, 515-357-2139.
CH3 J Buohholtz v. Rookwell Community Sohool P lat. Dist. Ct. Cerro
Gordo Co. 1979. Sp. Ed. Whether parents oan reoover money damages for
failure of sohool board to transfer handioapped ohild to adjaoent sohool
distriot. John Sorensen} Boyle, Sohuler, Stanton, Grabinski, & Sorensen, 22
N. 3rd St., Clear Lake 50428, 515-357-2139.
CD1 D8] . Coagrove v. Van Meador Sohool Plat. W»t. Ct. Dallas Co. Mar.
1979. Preliminary injunction, then settled. Challenge to expulsion for use
of controlled substanoe, olaiming lack of evidence, and due prooess
iJ^Si 0 !?!:,, Thonma D# ' MoM111 « n » 1906 Ingersoll Avenue, Des Moines 50309,
515 -ewJ-lo 20 e
85 90
[HI PI] Brian D. v. Davenport Community School Piste U.S. Dist. Ct. S.D.
May 1979* Class action. 13 CHR 394. ELB 884. Sp. Ed. Suit ontesting due
process procedures when changing a special education program, clawing
violation of right to written notice, the right of appeal, right of counse],
and rights of parents to be involved in the decision process. Also whether the
child has a right to remain in an independent education program at school
expense pending appeal. Also to prevent his being graduated, which would end
his education. Mary Ellen Kerr, 4 HELP Legal Assistance, 609 Putnam Building,
215 Main St., Davenport 52801, 319-322-6216.
[D4 E2] Howard v. Trebon . U.S. Dist. Ct. N.D. 1980. Whether the school
violated the civil rights of a Minority student by administering corporal
punishment more frequently to racial minorities than to whites. Virginia H.
Davidson, 708 First National Building, Sycamore & East 4th Street^, Waterloo
50703, 319-236-0005.
[Rl R4] Johnson v. Charles City Community Schools . Dist. Ct. Floyd Co.
Mar. 1981. Whether the Iowa compulsory attendance law violates the First
Amendment rights of parents. Also contests state reporting requirements as
applied to religious groups. Craig Hastings; Clark, Clark, & Hastings, 315
6th St., Ames 50010, 515-232-2501.
[D4 D9] Lasiter v. C lear Creek School Dist. Dist. Ct. Johnson Co. 1980.
Settled. Whether the student had adequate notice and review of a decision by
a teacher to make the student do push-ups for not handing in his homework.
Suii brought under §1983. Whether the teacher could be sued in tort for
damages to the student who had a muscular disease and was injured. Richard H.
Zimmerman; Mears, Zimmerman, and Mears, Paul-Helen Building, Iowa City 52240,
319-351-4363.
[PI] Robert M. v. Benton . U.S. Dist. Ct. N.D. i978. Decision Aug:
1979, P. CCA 8 1979. Decision 1980, P. 634 F.2d 1139. Sp. Ed. Whether Dr.
Benton, the Superintendent or Public Instruction, could conduct due process
hearings as an impartial hearing officer — plaintiff alleged he had conflict of
interest. Whether the child had adequate notice of hearing. Whether school
board can be liable for actions of Dr. Benton. Martin Osga, Legal Services
Corp. of Iowa, 315 E. 5th St.; Des Moines 50309,- 515-280-3636.
[D8 ?2] Jimmy S. v. Davenport School Dist . U.S. Dist. Ct. S.D. May
1980. Settled. 14 CHR 767. Sp. Ed. Whether the school can expel a junior
high school student from regular programs without following the requirements of
classifying him an a special education student when requested. Whether the
expulsion met thf; Goss due process requirements.* Whether the student had a
right to remain in the program pending appeal. Mary Ellen Kerr, HELP Legal
Assistance, 609 Putnam Building, 215 Msin St., Davenport 52801, 319-322-6216.
[P2] Southeast Warren Community School Dist. v. Dept. of Public
Instruction . Dist. Ct. Warren Co. 1979. Decision 1979, D. State Supreme Ct.
Decision Nov. 1979, D. 285 N.W.2d 173. Sp. Ed. Whether the school district
has the power to expel a special education student without a special
evaluation. John Phillips, 510 Hubell Blvd., DesMoines 50309, 515-282-5173.
[El] Williams v. Bd. of Directors of Des Moines Ind. Community School
Dist. Dist. Ct. Polk Co. June 1977. Removed to U.S. Dist. Ct. June 1977.
Decision July 1978, D. Suit to enjoin implementation of voluntary plan for
desegregation of Des Moines schools. Eugene Davis; Davis, Scott & Grace, 212
Equitable Bldg., Des Moines 50309, 515-243-1207.
palp
[Bl HO] Wilson v. Iowa Dept. of Public Instruction . Dist. Ct. Polk Co,
1980. Settled. Sp. Ed. Whether a handicapped child under a guardianship
arrangement was a resident of the school district. Robert Oberbillig, Des
Moines Legal Aid Society, 102 E. Grand Ave., Des Moines 50309, 515-243-1193.
KANSAS
[H6] Akers v. Bolton . U.S. Dist. Ct. Feb. 1980. Class action. Sp.
Ed. Whether the state's special education policy includes providing special
education to epileptic students solely on the basis tff epilepsy. 1 Robert
Feldt, 1314 Kansas, Great Bend 67530; 316-792-3595.
[SI] Flynn v. Kansas State High School Activities Aas'n . Dist. Ct.
Johnson Co. 1980. TRO, then settled. A girl changed schools to join an
honors program and was, therefore, ruled ineligible to participate on the
tennis and debate teams. Norman Gaar, Building 14, Corporate Wood, 8714 W.
110th Street, Overland Park 66210, 913-642-0001.
[Dl D8 P2] Ford v. Aub urn-Washburn Unified School Dist. No. 437 . Dist. Ct.
Shawnee Co. May 1981. TRO denied; failure to exhaust administrative
remedies. -Expulsion for rest of year; student wishes to study at home and
take exams, claiming the school violated student's right to education. Also
alleges failure to evaluate for. possible special education. Anne Lolley;
Eidson, Lewis, Porter & Haynes, 1300 Merchants National Bank, Topeka 66612,
912-233-2332.-
CS1] Lutt v. Kansas State Activities Ass'n . Dist. Ct. Shawnee Co.
Jan. _198l. TRO, then withdrawn. Whether a student voluntarily transferring
is ineligiWu to compete for a-year in debate. Eugene B. Ralston; Ralston 4
Frieden, Box 639, Topeka 66601, 913-232-7266. ■
£S4] Mexican American Council on Ed. v. Unified Schooi Dist. No. 457
Bd./of Ed. U.S. Dist. Ct. Aug. 1980. Class a.ctioru 14 CHR 761. Whether the
school district is meeting its obligation to provide bilingual education for
Hispanic students. Luis Mata, Kansas Rural Legal Services, 118-1/2 Grant,
Garden City 67846, 316-275-0238.
£ S2 J Pouncil y, Kansas State High School Activities Ass'n . Dist. Ct.
Wyandotte Co. 1980. TRO, then vacated. Case withdrawn and filed in federal
oourt (infra); then, after federal case, refiled in state court. Decision,
D. Student was ruled ineligible for sports because he passed too few
courses. Thomas E. Sullivan; Cleaver, Sullivan & Shetlar, Santa Fe Law
Building, 8000 Foster Street, Overland Park 66204, 913-648-3220.
[S2] Pounoll v. Kansas State High Schooi Activities Ass'n . U.S. Dist.
Ct. 1980. TRO denied. Student was ruled ineligible for sports because he
passed too few courses. Thomas E.\Sullivan; Cleaver, Sullivan & Shetlar,
« Santa Fe Law Building, 8000 Foster Street, Overland Park 66204, 913-648-3230.
Stoneberger v. Unified Sohool Dist. State Dist. Ct. Apr. 1980.
Class action. Decision May 1980, P. Whether a sohool policy that allows a
sohool to reduoe grades for excused and unexcused absences and tardiness is
arbitrary and caprioious because a waiver is sometimes allowed and excused
IHERJC . . 87
absences are treated in the same manner as unexcused. David D. Gaumer;
Wunsch, Wunsch, Gaumer and Solomon, P.O. Box 473, Kingman City 67068,
316-532-3113.
[PI] Unified School Dist. No. 259 v. State Bd. of Ed. Dist. Ct. Nov.
1980. Decision Jan. 1981, P. Sp. Ed. Whether the procedures of a
pre-hearing conference meet the due process requirements of the Constitution.
Mary Kathleen Babcock; Foulston, Siefkin, Powers and Eberhardt, 700 Fourth
Financial Center, Wichita 67202, 316-267-6371.
KENTUCKY
[H2 H6] Age v. Bullitt Co. Public School . U.S. Dist. Ct. W.D. Nov.
1978. Decision Jan. 1980, P. CCA 6 1980. EHLR 551:505. ELB 884. Sp. Ed.
Whether a hearing impaired child whose I.E. P. requires education by the oral
method is receiving an appropriate education in the least restrictive
environment within the meaning of 94-142 when placed in a classroom with
children who use sign language. Phillip E. Allen, 4211 Norbourne Blvd.,
Louisville 40207, 502-897-6479.
[R2] Barnes v. Bell . U.S. Dist. Ct. 1980. Suit contesting use of
J federal Title I moneys to pay teachers for special education in parochial
schools. Lee Boothby,. Americans United for Separation of Church and State, -
8120 Fenton Street, Silver Springs, MD 20910, 301-589-3707.
[D8] Belt v. Travis . Cir. Ct. Crittenden Co. Jan. 1979. Decision
Apr. 1979, D. Whether students were suspended without proper notice of the
charges and opportunity to present evidence. James E. Story; Story anjl Ovey,
P.O. Box 216, Eddyville 42038, 502-388-9862.
[Rl] Conn v. Mo ntgomery Co. Bd. of Ed. Cir. Ct. Franklin Co. May
1980. Class action. Plaintiffs contest a school sex education program on the
grounds of freedom of religion. Whether a child may be compelled to take
part. Theodore H. Amshoff, Jr.; Amshoff and Amshoff, 326O First National
Tower, Louisville 40202, 502-582-2419.
t Davis v. Clark Co. Bd. of Ed. Cir. Ct. Charles Co. Oct. 1980.
Deoision Nov. 1980, P. Ct. cf Appeals Feb. 1981. Suit attacking the
expulsion procedures of the Charles County School System. Julia Hylton Adams,
P.O. Box 313i Winchester 40391, 606-745-4289'.
[01] Frederick v. Jefferson Co. Bd. of Ed.- Cir. Ct. Franklin Co. May
1980. Class action. Whether a child may be compelled to take part irv a
school sex education program. Theodore H. Amsicff, Jr.; Amshoff and Amshoff,
3260 First National Tower, Louisville 40202, 502-582-2419.
[R4] Hint on v. Kentucky State Bd. of Ed. Cir. Ct. 1978. Decision
Oct. 1978, F ELB 766. Kentucky Supreme Ct. decision Oct'. 1979, M. Teachers
and parents of a religious school' fcontest state regulation of curriculum,
bylaws, and teacher certification on freedom-of-religion grounds. Theodore H.
Amshoff, Jr.; Amshoff and Amshoff, 3260 First iJstional Tower, Louisville 40202,
502-582-2419.
88 93
tfl] Jackson v . Kentucky Hig h School Ath. Asg*n. Cir.' Ct. Whitley Co.
,nl ^ Q 4 i3ion 1978, P. Ct. of Appeals 1978. Decision 1979, P. 569 S.W. 2d
i»t>. Suit to obtain a waiver of the transfer rule. William L. Rose, 200
Cumberland Ave,, Williamsburg 40769, 606-549-3828.
[E>8] Jones v. Clark Co. Bd. of Ed. Cir. Ct. -Clark Co. Oct. 1980.
Decision Nov. 1980, P.. a. of Appeals Feb. 1981. Suit attacking the expulsion
procedures of the Clark County school system. Donnie H. White, 512 Security
Trust Building, Lexington 40507, 606-233-4187.
•,o«f 23 o ' nn> V *o 2rubbs. U.S. Dist. Ct. E.D. Ma*-1979. Decision Jan.
1981, P. CCA 6 Jan. 1981. Sp. Ed. Whether a handicapped child can be
expelled .under normal procedures instead of procedures under 94-142. James K.
606 e 431 8200 hern KentUCky Legal Aid ' 302 Greenu P 3 Street, Covington 41011,
CD4 H3] LapUle-v. Williams . -U.S. Dist. Ct. E.D. March 1980. Sp. Ed.
Suit for damages for failure to place student in a special education program" in
the school and for damages for corporal punishment/ William G. Wilder; Wilder
?.nd Koch, 7529 Sussex Drive, Florence 41042, 606-371-9211.
[S2] Nelson v. Kentucky Hig h School Ath.' Ass'n. Cir. Ct. Calloway Co.
1979. Decision 1979, D. *Ct. of Appeals 1979. Decision 1979,. D. Student
sues to play basketball in the -second semester- of the year after he was ruled
ineligible because he played only one game in the first semester. William
cnr^^ ; J Unraage ' ^ mt ' Yewe11 & Pace ' 322 Fredericka Street, Owensboro 42301,
502-005-39 01.
[Dl D6] Petrey y, Flaugher. U.S. Dist. Ct. 1980. Decision Jan. 1981,
M. Challenge to procedural violation was settled in favor 'of plaintiff.
Plaintiff sues to have her expulsion expunged from her school records, claiming
that expulsion for the remainder of the school year is too great a penalty for
smokxng marijuana. Kate Cunningham, Northern Kentucky Legal Aid Society Inc.,
302 Greenup Street, Covington 41011, 606-431-8200. •
' [B2 , 3 „. Roosevelt Community dehorn Tno. v . Jefferson Co. Bd. of E d. Cir.
Ct. Jefferson Co. May 1980. TR0, chen decision July 1980, D. 14 CHR 471
Students and a community group sue to keep an elementary school open, alleging
due process violations by the Boa'rd. Walter Smith, Dennis Bicking, and Maggie
502 n 584' 2^4 *" S ° Ciety ' " 25 W M ° nammed Ali Blvd., Louisville 40202,
, J? 8 E2] Ste venson v. Jefferson. Co. School Bd . if .S. Dist., Ct-. W;^. May
1980. Class action. 14 CHR 762, 1293. Students "allege tb.t the school's '
disciplinary policies and administrative procedures violate due process rights
and discriminate against blacks. Gereva F. Perry, Legal Aid Society of
Louisville, 425 W. Muhammed Al'i Blvd., Louisville 40202, 502-584-1254.
[R2], Stone v. Graham . Cir. Ct. Franklin Co. 1978. Decision D.
Kentucky Supreme Ct. Decision,Apr. 1980,'6. 599 S.W. 2d 157. Decision Nov.
1900, P. 101 S. a. 192. Challenge to constitutionality of state statute
requiring posting of a copy of the Ten Commandments (paid for by Voluntary
contributions) in each classroom.. William C. Stone, 2100 First National
Tower, Louisville 40202, 502-589-4600. ' *
- 94
89
[S2] Taylor v. Roberts . Cir. Ct. Madison Co. Feb. 1981. Preliminary
injunction Mar> 1981. A girl contests dismissal from the cheerleading team
for being overweight. James T. Gilbert; Coy, Coy, Gilbert and Moberly, 212 N.
Second Street,. Richmond 40475, 606-623-3877.
[HO] Thornsberry v. Kentucky Dept* of'T&U . U.S. Dist. Ct. E.D. April
1980. Sp. Ed. Action to compel the local school district to comply with^
hearing officer's decision, to require- the state educational agency to enforce
such compliance, and to require defendant to provide plaintiff with
compensatory education for the time lost. J6hn C. Henriksen, Protection and
Advocacy Division, State Office Building Annex, Frankfort 40601, 502-564-2967*
[R2] Van Hoose v. Williams . U.S. Dist. Ct. 1980. Suit to enjoin the
state from loanii^j textbooks to private schools.. Lee Boothby, Americans
United for Separation of Church and State, 8120 Fenton Street, Silver Springs,
Mb 20910, 301-589-3707. * * ■
[B2] Wilding v. Jefferson Co. Bd. of Eg. Cir. r ;t. Jefferson Co. Feb.
1981. Decision Mar. 1981, D. Suit contesting the closing of a schoql,
alleging violation of the state constitution. Louis R. Guenthner* 235 S.
Fifth Street, Louisville 40202, 502-589-5714.
LOUISIANA
[D4] Arcerteaux v. Orleans Parish School Bd. Civil Dist. Ct. Orleans
Parish Dec. 1977. Suit for damages 'for corporal punishment. Harold Douglas,
1306 One Shell Square, New Orleans 70139, 504-821-5255.
<
[R3] Karen B. v. Treen . \U.S. Dist, Ct. E.D. Dec. 19801 • Decision Jan.
1981, %. CCA 5 Dec. 1980. Constitutionality of state statute authorizing
school prayer — the teacher selects a student^ each day to recite a prayer before
ths class — students can leave class during prayer. Carol Shauffer; Louisiana
C.L.U., 606' Common St.\ New Orlfeans 70130, 504-522-0617.
I .
[Bl] ^ Br oman v. Orleans JftHsh Ind. School Dist . U.S. Dist. Ct. Aug.-
1977. Decision 1977/ D. Suit akainc* New Orleans school to get child into
high school contesting rule that a student /transferring* into 'the state, cannot
attend the school :C6r' the educationally talented as a Junior. ' Damon Capps,
Suite 1230., Capitol National Bank'Bldg., 1300 Main Street, Houston TX 77002,
713-658-8101. . ' - .. f
[SI-] - Geusa> v. Louisiana Ugh School Ath. Ass'n . .Dist. Ct. Orleans
Parish 1979. Decision Nov. 1979t P* Ct. of Appeals.- Decision Oct. 1980, D;
389 So. 2d 908. Student ccntestted transfer rule for sports ^eligibility.,
Sidney Bach> 1652 First National Bank -of Commerce Blfig., New Orleans 70112,
504-523-3141. \ '
[B3] Harrison 'v. Morehouse Parish School Bd. Dist. Ct.* Morehouse
Parish J. 977. Decision 1978', P. bt. of Appeals', decision Feb. 1979, D'. , 368
So. 2d. 1113. Action to have chjlld picked up at doorstep rather .than bus
stopi, claiming that ghantffather clause discriminates against new students.
Crawford A. Rose, Jr., P.O. Box 3V Rayville 7i269, 318-574-1706. *
[B5] Rayaon v. Jefferson Parish School Bd. U.S. Dist. Ct. E.DT Feb.
1977. Decision, Oot. 1977, P. ELB 716. Contesting separation of high school
students into different schools on the basis of sex. Jack Peebles; District
Attorney's Office, 619 S. White St., New Orleans 70119, 504-822-2414.
t R1 * S3] Holy Cross College. Inc. v. Louisiana High School *Ath. Ass'n .
U.S. Dist. Ct-. M.D. 1979* Decision, D. CCA 5 1979* Decision Dec. 1980, P.
Remanded. 632 F.2d 1287. Rehearing denied. 636 F.2d 314. Challenge to
application of Association's rule that use of "undue influence" to secure or
retain a student results in ineligibility for one year. High school coach *
spoke to students at another school. Alleges violation of First Amendment
guarantee of freedom of speech. William F. Wessel, 127 Camp Street, New
Orleans 70130, 504-568-1112.
[Bl El] LaBorde v. United States . Dist. Ct. Lafayette Parish Oct. 1980.
Decision Nov. 1980,* P. Removed to U.S. Dist. Ct. Decision Jan. 1981, D. CCA
5 Feb. 1961. . Whether children can change schools, t>y changing legal residency
* by becoming wards^bf a guardian .living in a school district different from that
of tyie parents. It is contended that the change evades a Federal Court
'desegregation order. J. Minos Simon, P.O. Box 52116, Lafayette 70505, .
318-233-4^25. , I
/ - . N * /
[D4] HcKinney v. Greene , dist. Ct. 197*. , Decisidh P. Ct. of Appeals
decision Dec. 1979* H. 379 So. 2d 69. Review denied, by the Louisiana Supreme,
Ct.. Damage action, claiming that a teacher kicked the plaintiff child to
prevent. a fight. Vernon McManus; Tate and McManus, P.O. Box 666, Eunice
7053?, 318-457-5266. ( - #
£ D1 J MorgarK^. Southwood Academy . Dist. Ct. 1978. Ct. of Appeal
decision Apr. 1979, P. 371 So. 2d 1202. Whether private school Officers can
refuse readmission to children because of the chiljdrenis mother's argument with
the 'school librarian. Edward Alker/ Route 4, Box 9QK, Folsom 70437'
504-796-3254.
£ H1% 3 Santopadre v. Orleans Parish School Bd . Civil Dist. Ct. Sept.
1979* Sp. Ed. ContSpting placement in public" schools. E. Gordon Schaefer,
P.O. Box 817, Metairie 7J0OO1, 404-834-7676.
>
[H6 PI] Sessions v. Livingston Parish School Bd. U.S. , Dist. Ct. M.D.
1980. Class action. Decision Nov. 1980, D. 501 F. Supp..251. Sp. Ed.
Failure to provide sufficient . education to handicapped because handicapped K
children are not separated by, age or handicap. Dismissed for failure t'o
exhaust administrative, remedies. Woodrow W. Wyatt;/Wyatt and Weirner, 3623
Perkins Rd./; Bat^on Rouge 70808, 504-383-5689.
\ [H73 Sins y. Orleans Parish School Bd. U.S. Dist. Ct. E.D...July
1980.. Sp. Ed. Extent of school year— instruction during the summer. AWin
R. Childress- III, 234 Loyola Avfev, New Orleans 70112, 504-522-3881.
(D8] Smith v. Livingston Parish School Bd. Dist. Ct. East Baton. Rouge
Parish I98O. TRO 1$80. Suit to\require hearing before a suspension. Dennis
R. Whalen, 201 Napoleon St., Baton Rouge 70802, 504-344-1654.
W [H5 PI]* * Stolhoff v. East Baton Rouge Parish* School Bd. Diat. Ct. East
Baton Rouge Parish May 1980. Decision ftay 198O, P. Sp. Ed. riant *'mus action
to force sotiool district to hold a due process hearing for child younger than
minimum age for special education* Leo J. Berggreen; Wyatt and Weimer, 3623
Perkins Rd., Baton Rouge 70808, 504-383-5689.
[H2] Stolhoff v. East Baton Rouge Parish School Bd. U.S. Dist. Ct.
E.D. Dec. 1980. Sp. Ed. Suit to admit hearing impaired child into regular
classroom. Leo J. Berggreen; Wyatt and Weimer, 3623 Perkins Rd., Baton Rouge
70808, 504-383-5689.
C R1 S2] Taglauer v. Louisiana High School Ath. Ass'n . ^U.S. Dist. Ct.
1981. Decision 19*81, D. . The Association ruled the defendant ineligible for
sports because she lives outside the public school district (but goes to a
religious school), and the ruling is attacked on freedom-of-religion grounds.
Robert Belknap; Sapir & Belknap, 434 South Broad Street, New Orleans 70119,
504-821-4840.
[H7 PI] Taylor v. Lafayette Parish School Bd. U.S.^Dist. Ct. W.D. Nov.
1979. Sp. Ed. Whether school has to give a full extended school year program
beyond the regular 9 month program. Whether suit can be brought in court
without exhausting state administrative remedies when the hearing is delayed.
Anthony M. FazzioJ Hayes, ?azzio and Durio, P.O. Box 4026-C, Lafayette 70502,
504-581-6641.
*
[D4] Thomas v. Bedford . Dist. Ct. 1979* Decision D! Ct. of Appeals.
Decision Sept. 1980, P. 389 So. 2d 405. Whether corporal punishment by
teacher exceeded reasonable forQe, and'measure of damages. John M. Frazier,
142 Olive Street, Shreveport 71104, 318-227-8282.
, C Di *3 Thompson y.° Iberville Parish School Bd. Dist. Ct. Iberville
Parish 1978. Decision 1978, P. "ct. of Appeal decision May 1979, D. 372 So.
2d 642. Review denied by the Louisiana Supreme Ct. Suit for damages because
teacher kicked disruptive child. Steve H. Benton; Benton, Benton, and Benton,
601 St. Ferdinand St., Baton Rouge 70802, 504-343-6611.
[Pi] Trahan v. "St. Charles Parish School Bd. U.S. Dist. Ct. E.D. Oct.
19 80. Sp. Ed. Due process violations alleged because school officials failed
to inform parents of rights undor handicapped law&and failed to hold a hearing
promptly after parents requested the hearing. David L. Landry; Deramee and
Deramee, P.O. Box 547, Thibodaux 70301, 504-447-9O08.
CD4] Hatkins v. Bryan . Civil Dist. Ct. Jan. 1980. Suit against
teacher and school for damages arising from teacher striking student. Norman
Mopsik, 3731 Canal Street, New Orleans 70119, 504-524-7525.
C D8 3 Whiteside v. Kajr. U.S. Dist. Ct. W.D. 1978. Decision Mar. 1978,
D. 446 F. Supp. 716. CCA 5 1978. Moot. Student contested the statutory
procedure used in expelling him. Catherine L. LaFleur, David Duhon; North
Louisiana Legal Assistance Corp., 911 N. Washington St., Bastrop 71220,
318-281-8466.
C D8 F 13 Williams v. Turner . Dist. Ct. Caldwell Parish 1979. Decision
1979, D. CCA 5 decision March 1980, D. 382 So. 2d 1040. Due process in
expulsion hearing. I'hether threats against teacher are protected by First
Amendment. Martha Mxanieweather, 113 W. Jefferson Street, Bastrop 71220,
318-283-1130.
97
MAINE
[HO H5] Advocates for the Developmentally Disabled v. State of Maine .
Superior a. Androscoggin Co. May 1981. Sp. Ed. Suit to have the plaintiff
appointed as surrogate parents for mentally retarded children. Whether the
children are so severely retarded that special education cannot be given.
.Harold Lichten; Pinetree Legal Assistance, 277 Lisbon Street, Lewiston 04240,
207-784-1558.
[P2] Bedard v. Windham School Dept. U.S. Dist. Ct. May 1980. Sp. Ed.
Expulsion of child identified by another school as handicapped; defendant school
did not provide a special education program and expelled child. Aleo sues for
attorney fees and to have records expunged. Lucinda White; Pine Tree Legal
Assistance, 146 Middle Street, Portland 04101, 207-774-8211.
• Buxton v. Deer Isle-Stonington Community School Dist. Superior Ct.
jHa^icock Co. 1978. Withdrawn. Expulsion of students contested on due process
grounds, claiming lack of adequate notice of charges and rights. Jean Sampson;
Maine Civil Liberties Union, 97-A Exchange Street, Portland 04101, 207-774-5444.
[H2] Egan v. School Admin. Dist. 57 . U.S. Dist. Ct. Jan. 1977.
Settled. 12 CHR 1002. ELB 723. Sp. Ed. Suit tb maintain a mentally retarded
child in public school* after the school proposed sending her to a school for the
handicapped. Michael Asen; Anthony, Asen, Howison, Hayden and Landis, P.O. Box
585, Portland .04112, 207-775-6371.
[R2] Fowley v. Hoyt. U.S. Dist. Ct. Jan. 1980. "settled. Whether
distribution of Gideon Bibles in the fifth grade violates federal and state
constitutions. Joseph Lenkowski (MCLU Volunteer), 74 Beach St., Saco 04072.
207-t382-5985.
<>
C D 5 D8] Kanington v. Rumford School Admin. Dist. Superior Ct. Oxford Co.
Nov. 1980. Settled. Whether students can be expelled for refusing to empty
their pockets when found in the woods (search and seizure issue), and whether due
process requires written notice of hearing and grounds. Michael Asen (MCLU
Volunteer); Anthony, Asen, Howison/ Hayden and Landis, P.O. Box 585, Portland
04112, 207-775-6371.
[ S2 ^ Manchester, Mt. Vernon, Readfield, & Wayne Community Schools v.
Maine Secondary School Principals 1 Ass*n. Superior Ct. Kennebec Co. Feb. 1977.
Decision Feb. 1977, D. Studert requests relief from the eight-semester sporjbs
eligibility rule. Peter T. Dawson; Sanborn, Moreshead, Schade 4 Dawson, 341
Water Street, P.O. Box 2305, Augusta 04330, 207-623-3579.
McCrillis v. ' Bernard . U.S. Dist. Ct. Jan. 1979*. Class Action.
Settled* 12 CHR #30. Suit for injunction and damage action in. regard to
searches of students, claiming lack, of probable cause. Robert E. Mittel;
Sewall, Mittel, & Hefferan, 178 Middle Street, Portland 04101, 207-775-3101.
[HI PI] McGhee v. School Admin. Dist. 15 (1st case ). U.S. Dist. Ct. May
1979. Sp. Ed. Whether the school should reimburse the parents for private
placement. Whether administrative remedies were exhausted. G. Curtis Webber;
Linnell, Choate and Webber, P.O. Box 190, Auburn 04210, 207-784-4563.
c J
CHI] McGhee v. School Admin. Dist. 15 (2nd case) . U.S. Dist. Ct.
1979. Sp. Ed. Whether school provided approved program for learning disabled
child. Whether the school board should reimburse the parents for private
93
93
placement when the parents made the placement before hearing was held. G.
Curtis Webber; Linnell, Choate and Webber, P.O. Box 190, Auburn 04210,
207-784-4563*
[HI H7] McGhee v. School Admin, Dist. 15 (3rd case) . U.S. Dist. Ct.
1980. Sp. E£. Whether school should reimburse parents for private placement
of learning disabled c^Lld; whether the school should provide a summer
program. G. Curtis Webber; Linnell, Choati and Webber, P.O. Box 190, Auburn
04210, 207-784-4563.
[Dl D8] Nadeau v. Caribou Schools Dept. Superior Ct. 1979. Preliminary
injunction, 1979. Withdrawn. Whether school can suspend child for more than
10 days without a formal hearing. Whether principal has power to suspend
student for more than 10 days. Bernard O f Mara, P.O. Bok 336, Easton 04740.
207-488-5821.
[R2] Neptune v. Millett . U.S. Dist. Ct. Feb. 1979. Moot. Suit by
students and taxpayers to prohibit religious teaching in a public
school— teachers are nuns who teach religious classes in the same classroom and
yith the same students as in their secular instruction. Hugh Calkins (MCLU
Volunteer), 7 Green St., Dover-Foxcroft 04420, 207-942-8241.
[H6 ?1] Norton v. School Admin. Dist. 6 . Superior Ct. 1979. Decision
1979, D. Sp. Ed. Requesting full day kindergarten program for handicapped
child. Whether state level administrative appeal is necessary to exhaust
administrative remedies. Allison Morrill, P.O. Box 7467, Portland 04112,
207-77 3-74 31.
Rudge y. School Admin. Dist. 6 . Superior Ct., Feb. 1977.
Settled. ELB 656. Whether school can suspend a student for the remainder of
the school year for smoking marijuana; plaintiff claims that the school applied
an irrebuttable, presumption that smoking marijuana required suspension.
Michael Asen; Anthony, Asen, Howison, Hayden and Landis, P.O. Box 585, Portland
04112, 207-775-6371.
[HI] School Admin. Dist. 6 v. Norton . Superior Ct. 1980. Settled.
Sp. Ed. Whether the school should provide private day school placement and
reimbursement for past tuition. Donald A. Kopp, 477 Congress Street, Portland
04101, 207^775-7271.
[H7] Smith v. Ray no Ids . U.S. Dist. Ct. July 1980. Class Action. 14
CHR 578. Sp. Ed. Whether severely handicapped students are entitled to more
than a 40-week school year. Harold Lichten; Pine Tree Legal Services, 722
Lisbon St., Lewiston 04240, 207-784-1558.
C H1 3 Wright v. School Admin. Dist. 17 . Superior Ct. 1978. Sp. Ed.
Appeal from hearing officer's decision that the school's special education
program was adequate, and suit for reimbursement for residential placement.
David J* Corson, 76 Main St., Yarmouth 04096, 207-846-3388.
9U
MARYLAND
CH6] Alley, v. Anne Arundel Co. Bd. of Ed . U.S. Dist. Ct. Nov. 1979.
Class action. Consent decree. ELB 911. Sp. Ed. Whether the local school
system violated 94-142 by not employing sufficient physical and occupational
therapists to provide the services specified in children's IEPs. Martha Hyatt;
Fegum, Cochran, Chartrand and Hyatt, P.O. Box 191, Annapolis 21404, 301-263-3001
and Curtis L. Decker and Eugene' Kowalczuk, Md. Advocacy Unit for the DD, 2616
Maryland Ave., Baltimore 21218, 301-383-3400.
i«2? 3 „, Armour v. Bd. of Ed. of Montgomery Co. Cir. Ct. Montgomery Co.
1978. Class action. Moot when the Bd. of Ed. ruled for P. Whether school can
oharge alien students tuition in Montgomery County. Alfred Scanlan; Shea and
Gardner, 1800 Massachusetts Ave., Hashington, D.C. 20036, 202-828-2000.
[Bl] Baron v. Bernardo. U.S. Dist. Ct. 1978. Disposition not known.
Student living in an apartment in the district, away -from her family, contests
tuition charge. Charles H. Baron, Address unknown.
CHI] Brewer v. Montgomery Co. Bd.-of Ed . U.S. Dist. Ct. Jan. 1981. Sp.
Ed. Type of placement necessary for health-impaired youngster; seeking private
placement as 'opposed to public school. Jerry Dresner, Maryland Advocacy Unit for
DD, 2616 Maryland Ave., Baltimore 21218, 301-383-3400.
™ J*^*' State Bd. of Ed. Cir. Ct. &1 9 78. Settled. Sp. Ed.
Whether a handicapped child's proper placement was in an out-of-state school.
Leonard Bu^nan, 155 Duke of Gloucester Street, Annapolis 21401, < 301-269-6877.
[HI] Matter of Candie v. Bettis . " Cir. Ct. Prince George's Co. 1981.
. &P. Bd. County is contesting an administrative ruling that the schools should
reimburse parents for private placement. Richard Daniels; Reichelt, Nussbaiim 4
Brown, 3723 34th Street, Mt. Rainier 20822, 301-779-9000.
* CH4] Doe v. Bd. of Ed. Montgomery Co. Cir. Ct. 1978. Ct. of SRecial
Appeals decision Dec. .1980, D. Sp. Ed. Damages sought because child with
dyslepia was misdiagnosed as being mentally retarded. Gerald Longest, 11300 £
RocKTille Pike, Rockville 20852, 301-984-9200. -
[HI] Doe v. Montgomery Co. Bd. of Ed . U.S. Dist. Ct. 1979. Settled. I
Sp. Ed. Suit to continue private school placement after the school had changed /
placement back to public school. David E. Kartalia, 8 N. Court Street,
Westminster 21157, 301-848-3222.
[HI] Oorham v. Hornbeck . U.S. Dist. Ct. 1979. Withdrawn. Sp. Ed.
Suit seeking private placement. Ralph Moore; Shea and Gardner, 1800
Massachusetts Ave., Washington, D.C. 20036, 202-828-2000.
[Fl] Green v. Montgomery C o. Bd. of Ed. JJ.S. Dist. Ct, Oct. 1980.
Contesting suspension of a girl for wearing a Confederate flag; on Amendment
STSjo6;lS3yss: wiluier Cutler and Pidkering - 1666 K
U4 {^ ] Grosvenor P.T.A.. Andrews . Cir. Ct. Montgomery Co. Jan. 1980.
Withdrawn. Suit contesting the closing of schools,- alleging that the closing
conflicted with the announced policy of school board concerning school closings
Gary Simpson, 7315 Wisconsin Ave., Bethesda 20014, 301-656-7013.
If
9*100
[HI] Hasse v. State Bd. of 2d. Cir. Ct. Montgomery Co. 1979* Decision*
1980, D. Sp. Ed. Suit for private placement. Defense attorney is Richard
Ekstrand; McGill, Ekstrand, and Collery, 966 Hungerford Dr., Rockville 20850,
301-424-7850.
[HI] Haase v. State Bd. of Ed. U.S. Dist. Ct. 1979* Decision 1980,
D. Sp. Ed. Suit for private placement. Defense attorney is Richard Ekstrand;
McGill, Ekstrand, and Collery, 966 Hungerford Dr., Rockville 20850, 301-424-7850.
[A2] Hunter v, Montgomery Co. Bd. of Ed . Cir. Ct. Oct. 1977* Decision
Aug. 1979t D. Ct. of Special Appeals decision Feb. 1981, D. Application to
Maryland Ct. of Appeals 1981. Damage suit for educational malpractice alleging
damages from actions, made purposely and without reasonable cause, that led to
lack of education. Browne L. Kooken; Dukes and Kooken, 300 Landover Mall West,
Landover 20785, 301-322-7300.
[D8] Jablinske v. Anne Arundel Co. Bd. of Ed. Cir. Ct. Anne Arundel Co.
June 1980. Decision June 1980, D. Due process on suspension just prior to high
school graduation. Martha Wyatt; Legum, Cochran, Chartrand and Wyatt, P.O. riox
191> Annapolis 21404, 301-263-3001. s
[HI] Kloper v. Montgomery Co. Bd. of Ed . U.S. Dist. Ct. 1979*
Decision, D. Sp. Ed. Parents trying to get reimbursement for private placement
after taking the child out of the school-approved program. David E. Kartalia, 8
N. Court Street, Westminister 21157, 301-848-3222.
[H4] Lamon v. Baltimore Co. Bd. of Ed. Cir. Ct. Baltimore Co. 1980.
Sp. Ed. Damage suit for misclassifying deaf-blind child as retarded and not
educating the child. Roslyn Soudry, 201 N. Charles St., Baltimore 21201,
301-685-0600.
[PI] Lewis v* Montgomery Co. Bd. of Ed. U.S. Dist. Ct. Aug. 19 78.
Settled. Sp. Ed.- Due process on hearing to determine appropriate education, -
conflicts between state and federal education regulations. Martha Wyatt; Legum,
Cochran, Chartrand, and Wyatt, P.O. Box 191, Annapolis 21404, 301-263-3001*
[HI PI] Marcnese v. State Dept. of Ed. U.S. Dist. Ct. 1979- Settled.
Sp. Ed. Whether child should have residential or day care services; due process
rights. of divorced father. ^Albert Shore; Bell, Cornelius, and Shore, 101 W.
Jefferson St., Rockville 20850, 301-762^1717. - - - ...
[P2] Mathew v. Hartford Co. Bd. of Ed. U.S. Dist. Ct. Jan. 1981.
Settled. Sp. Ed. Contesting expulsion of a handicapped child, alleging
procedural faults. Eleanor Montgomery, Maryland Advocacy Unit for the DD, 2616
Maryland Ave., Baltimore 21218, 301-383-3400.
[Dl D8] Oertel v. Anne Arundel Co. Bd. of Ed . Cir. Ct. Anne Arundel Co.
May 1981. Settled. Suit alleging lack of notice and due process in suspension
of student for infractions occurring off campus, claiming that the school must
readmit the student because juvenile charges were dismissed. Martha Wyatt;
Legum, Cochran, Chartrand 4 Wyatt, P.O. Box 191, Annapolis 21404, 301-263-3001*
5
, t^l Pickett v. Prince George's Co* Bd. of Ed . U.S. Dist. Ct. Nov.
p 97 Ji«4. S9ttl ^ d, « Sp * Suit r equesting placement in a private residential
facility. N. Gregory Silverberg, address unknown.
^" H y e ■ V ' Pri "° 6 George ' 3 00 - U.S. Disf. Ct. Dec. 1980. Settled.
2<\ # ?H i° r ^cement in a private school. Lydia Darr; Maryland Advocacy
Unit for the DD, 2616 Maryland Ave., Baltimore '21218, 301-383-3400.
[H2 P2] Pratt v. Bd. of. Ed.. Frederick' Co. U.S. Dist. Ct. 1980. Settled,
u ,\ Supp * 232 * s p. EA ' Whether handicapped children are subject to the same
short-torm suspension rules -as non-handicapped children. The parents seek
special classes in school, while the school wants to provide residential
placement. Eleanor Montgomery, Maryland Advocacy Unit for the DD, 2616 Maryland
• Ave,, Baltimore 21218, 301-383-3400.
™ CP23 r *> k— V * ■ H ° rnbeck '- U ' S - Dist « Ct. Feb. 1981. Class action. Sp.
to. Contesting suspension procedure for handicapped children. Winifried
3^1-383l340o! land AdV ° CaCy toit for the DD « 2616 Maryland Ave., Baltimore 21&8,
10 ^ 53 * Saunders v. Prince Georg e's Co. Bd. of Ed . U.S. Dist. Ct. Nov.
1977. Settled. Sp. Ed. Whether the plaintiff's disabilities were sc severe
that the Board of Education did not have to provide educational services. «N.
Gregory Silverberg, address unknown.
qJm!h c ^sr^o*' Bd ' of Ed. of Sairt Marv's Co. U.S. Dist. Ct. 198O.
iettiea. Sp. Ed. Suit for less restrictive environment— child wanted placement
-n a regular school instead of special school. Roger Myerberg; Sawyer and
Myerberg, 309 Great Mills Rd., Lexington Park 20653, 301-863-9434.
piS 3 n.-^r * p— J* ? d< ° f Eti ' Cir * Ct * Montgomery Co. 1980. Withdrawn.
Freedom N)f information suit to get reports of school system staff concerning a '
school closing. Michael Cramer, 200A Monroe St., Rockville 20850, 301-424-0677.
^f 73 n , , Somerset Co. Bd. of Bd. v. Hornbeck . Cir. Ct. Baltimore Co. Feb.
i? ?\w Si0n . ? y 1981, P * Sch001 financing dispute, contesting the
distribution, of funds to school systems by the State Board of Education on state
constitution equal protection grounds. Nell Strachen; Venable, Baetjer, and
21201%01 7 52 6 6780 tile Building * 2 ^P^ 08 Plaza, Baltimore
CHI] Stemple v. Bd. of Ed. of Prince George's Co . U.S. Dist. Ct. 1977.
S^'lSo Jan * 1979 ' °* m F * SUPP * 258 * CCA 4 * Decision Aug. 1980, D. 523
F.2d 893. Sp. Ed. Whether parents had a duty to keep handicapped child in
-present placement during administrative proceedings, and whether failure to do so
negates board's obligation to reimburse for private placement made by parents.
21201 301 B 528°7214 UniVerSity ° f at Baltimore ' School of Law, Baltimore
[F5] Syska v. Montgomery Co. Bd. of Ed . Cir. Ct. 1979. Decision 1979,
D. a. of Appeals 1979. Decision June 1980, D. 415 A,2d 301. Appeal to U.S.
Supreme ct. denied 1981 (no substantial federal question). Mother refused to
have children inoculated .to meet state requirement for school attendance. Mother
had secular, philosophical beliefs opposed to inoculation. James G. Kolb. 414*"
Hungerford Dr., Rockville 20850, 301-340-6850.
97 102
[HI] Taylor v. Stale Dept. of Ed. U.S. Dist. Ct. July 1980. Sp. Ed.
Whether the state should pay for residential placement of handicapped students.
Martha Wyatt; Legum, Cochran, Chartrand, and Wyatt, P.O. Box 191, Annapolis
21404, 301-263-3001, Eugene Kowalczuk, Legal Aid Bureau, Box 943, Annapolis
v 21401, 301-269-0866.
[Dl D5] Taylor v. Somerset* Bd. of Ed. Cir. Ct. Somerset Co. April, 1981.
Contesting an expulsion, claiming that a search of students was without probable
cause and violated the Fourth Amendment; and Claiming lac 1 ' of evidence that the
material found was a controlled substance. Dale Watson, 111 Baptist Street,
Salisbury 21801, 301-546-4694.
[R2] Thomas v. Hill . Cir. Ct. Allegany Co. Mar. 1981. Decision 1981,
D. Ct. of Appeals May 1981. Suit by students at non-public high school
challenging refusal of county board to permit them to enroll in selected
curricular public school programs. Circuit Court held that non-public school
students are ineligible to attend public schools on a part-time basis and must
choose either public or private school for their entire education. Robert A.
Destro, Catholic League for Religiou3 and Civil Rights, 1100 West Wells Street,
Suite 501, Milwaukee 53233, 414-289-0170.
[Dl D8] Thompson v. Baltimore Co. Bd. of Ed. U.S. Dist. Ct. 1977. Class
action. Sec. 1983 action contesting policy mandating expulsion of students
found in possession of marijuana or alcohol, and contesting procedure in
disciplinary decisions by the school board. Barbara Mello, University of
Baltimore Law School, 1420 N. Charles Street, Baltimore 21201, 301-659-3091.
[H4 H9] Waskiewicz v. Baltimore Co. Bd. of Ed. tf.S. Dist. Ct. Aug. 1980.
Sp. Ed. Whether a student should be classified as emotionally disturbed or
socially maladjusted. If emotionally disturbed, the school district is
responsible for the child's education. If maladjusted, the Social Welfare
Division takes care of child. Jerry Dresner, Maryland Advocacy Unit for the DD,
26l6^14aryland Ave., Baltimore 21218, 301-383-3400.
[B2] Welch v. Baltimore Co. Bd. of Ed. Cir. Ct. Baltimore Co. 1979.
Class action. Decision 1979, D. Contesting school closing; claiming that the
Board violated its own policies, did not allow citizen input, and failed to look
at alternatives to closing. Alan E. Harris, 222 St. Paul Place, Baltimore
21202, 301-385-0550.
[B2] Welch v. Baltimore Co. Bd. of Ed." U.S. Dist. Ct. 1979. Decision
July 1979r D.- 477- F. Supp. 959. Contesting school closing, claiming that the
Board violated its own policies, did not allow citizen input, and failed to look
at alternatives to closing. Alan E. Harris, 222 Str Paul Place, Baltimore
21202, 301-385-0550.
[Fl] Williams v. Spencer . U.S. Dist. Ct. May 1978* Decision 1980, D.
CCA 4 decision June 1980, D. 622 F.2£ 1200. First Amendment case concerning
the right of students to distribute a newspaper on the high school campus. Mike
Simpson, National Education Association, 1201 16th Street N.W., Suite 801 E,
Washington, D.C. 20036, 202-833-4451.
103
* . 98
MASSACHUSETTS
CHI] Abrahamson v. Hershman. U.S. Dist. Ct. Nov. 1980. Preliminary
19 ; ^ 552:289 * Sp - w - Whether the sch ° o1 sh ° uid p™ vide
607-523-527l! 06 Marg0lin » 27 Sch001 St «. Boston 02108,
♦
X^i 8 }] ,„ .Acton-Boxboro Regional School pist. v. Dept. of Ed. Superior Ct.
^Middlesex'Co. Sept. 1977. Settled. Sp. Ed. Whethe r there shoul d be
SiT^*! Pa ^f nfc c f 0r °° St ° f residential Placement. John Woodard; Powers and
Hall, lO0 v tranklin St., Boston 02110, 617-357-1532.
M4 S ] ^oton-Boxboro Regional School Dist. y. Dept. of Ed. Superior Ct.
'2?2?S.?; J 978, Se " led * SP ' M - WhetherthTlchSoT district must
^•n? m , i° n ? 3 P f iVate SCh ° 01 f0r the ful1 sch001 year ' even though an
acceptable plan for education in public school was developed in the middle of the
l°Tll/ ear ' J ° hn Woodard ; Powers and Hall, 100-Fr.anklin St., Boston 02110,
017-357-1532. * ~-
Amherst-Pel ham Schools y. Community Homes for Children . Superior
Ct. Hampshire Co. 1980. Settled. Sp. Ed. Obligation of town to provide
transportation to public school for a handicapped child when special
KSSJSS? 1 faCiJitieS ^ ndeded * Burres « 19 Pra y St " Amherst 01002,
J-*]!' .Aas|er v. Anri£. U.S. Dist. Ct. Nov. 1979. Sp. Ed. Whether
i S 5? U ^ 5? P ^ aC6d in P rivate da y school at school board expense. Ann Vohl,
One Garfield Circle, Burlington 01803, 617-273-4242.
Pfl [ B1 , ] Q77 D i2Se£h. Superior Ct. Suffolk Co. Jan. 1977. Decision
Feb. 1977, P. Whether a school district must accept a child who is a ward of
grandparents living in district, but whose parents live in another district,
fffr*"?^' D^tment of Education, 31 St. James Ave., Boston 02116,
617-727-5716.
CB6 D7] Anton v. New Bedford School fr>ph. Superior Ct. Bristol Co. 1980. v
Injunction granted, 1980. Suit to permit student to participate in high school
graduation ceremonies; the school denied permission to attend as punishment fo*
actions taken by the student after school ended but before graduation. Anton
Cruz; Tierney, Nickleson, and Cruz, P.O. Box J4203, New Bedford 02741,
617-999-6414. '
toJa 63 m« f 'Hr^JZ' stafc e Advisory Committee. Superior Ct. Norfolk Co. Aug. '
.1978. Moot. Sp. Ed. Suit for in-school services to handicapped high school
S^Hrrf IT moni t°^nS^ r the services. Paul M. Kane; McGrath *nd Kane, 10
Post Office Square, Boston 02109, 617-542-2288.
[HO] Bash v.'tept. of Ed. Superior Ct. Norfolk Co. July 1977. Sp.
Ed. lasx-i unknown. Barry Mintzer; Mintzer, Hochberg, Stibel, and Biren, 27
State St., Boston 02109, 617-720-1000.
[R4] Bellotti v. Bailey. Superior Ct. Suffolk Co. Dec. 1980. Suit
against a religious school to enforce a state statute that requires private
schools to report the names of students to town school officials. Maria Lopez
Attorney General»s Office, One Ashburton Place, Boston 02108, 617-72^-1090.
99
104
[R4] * ' Bellotti v. Breazeale. Superior Ct. Suffolk Co. Apr* 1981. Suit
against a religious school to enforce a state statute that requires private
schools to report the names of students to town school officials. Maria Lopez,
Attorney General's Office, One Ashburton Place, Boston 02108, 617-727-1090. -
[HI H6] • » Bellotti v. Daviau . Superior Ct. Hampden Co. 1977. Consent
decree. Sp. Ed. Suit against the town of Chicopee for failure to administer a
special education program as required by state laws. Alan Posner, Attorney
General's Office, (toe Ashburton 'Place, Boston 02108, 617-727-1021.
[E6] Bellotti v. Massachusetts Interscholastic Ath. Ass'n . Supreme
Judicial Ct. Oct. 1978. Decision 1979i P'. 393 N.E. 284. Ihe state sued to
enjoin the association from enforcing its rule prohibiting boys on giris'^ *
teams. Robert H. Bohn, Jr. , -Attorney General's Office, r Ashburton Place, Room
1902, Boston Q2108, 617-727-1090.
[R2] Bellotti v. School Committee of Essex . Superior Ct. Essex Co.
1980. Partial ruling, Feb. 1981, P. Enforcing state statute governing
transportatipn rights of students of private schools; the defendant -town claims
that the statute violates a state constitutional prohibition against aid to
private schools. Maria Lopez, Attorney General's Office, One Ashburton Place,
Boston 02108, 617-727-1090.
[R4] Bellotti v; Steever . Superior Ct. Suffolk Co. Apr. 1981. Suit
against- a., religious school to enforce a state statute that requires private
schools to report the names of students to town school officials. Maria Lopez,
Attorney General's Office, One Ashburton Place, Boston 02108, 617-727-1090.
[HI] Berg v. Anrig . Superior Ct. Norfolk Co. Mar. 1977. fettled. Sp.
Ed. Whether child should be placed in private day school at school committee
expense. Ann Vohl, One Garfield Circle, Burlington 01803, 617-273-4242.
[H6] Berger v. Commonweal th . Superior Ct. Norfolk Co. Feb. 1979. Sp.
Bd. The school contests the hearing examiner's decision that it should provide
physical therapy for a child in school. Deborah Shanley; Murphy, Lamere 4
Murphy, 250 Grant Street, South Shore Plaza, Braintree 02184, 617-848-1850.
[H5 H6] feershad v. School Committee of Marblehead . Superior Ct. Suffolk
Co. 1978. Settled. Sp. Ed. Whether 94-142 requires treatment past 21 years
old up to graduation. Whether the last IEP*before graduation must include
services by non-education agencies. Thomas Schiavoni, North Shore Children's
Law Project, P.O. Box 710, Lynn 01903', 617-581-1977.
[S2] Bilodeau v. Massachusetts Interscholastic Ath. Ass'n . Superior Ct.
Middlesex Co. 1981. TR0 denied. Withdrawn. Student contests the defendant's
ruling that he is ineligible for sports because of poor academic standing.
Thojnas J. Butters; Moulton & Looney, 50 Congress Street, Boston 02109,
617-742-5550.
[HO] * Blomstrom v. Dept. of Ed. U.S. Dist. Ct. Nov. 1980. Sp. Ed.
Issue not known. Paul Keeney; Murphy, Lamere, & Murphy, Braintree 02184,
617-848-1850.
[B2] < Bd. of Bd. v. City of Boston . Superior Ct. Suffolk Co. Mar. 19 81.
Decision- May 1981, P. Suit to compel City of Boston to keep its schools open
for 180 days in 1980-81 school year, in spite of financial problems. Anthony
Sager, Attorney General 1 * Office, One Ashburton Place, Boston 02108, 617-727-1090.
100 i 05
(
P CB1 L^ a i ■ B ?"? f ,f d -. Pggt- of. Welfare. Suffolk Co. 1979. Decision 1979/ * '
P. Several school districts threatened to refuse admission to wards of the
SrTL? We J, far f b T U36 the ^P^tment -reused to pay°tuiWon (needeS for ,
luiX To f£™.^£ *° 3 ? h .° 01 disfcrict) ' The' State -Board of Education brought -
? I 1 I the ^P^tment to pay. Robert ft. Bohn, Attorney General's Office.
1 Ashburton Place, Boston 02108, 617-727^1090. " utiiee,
[HI] Boldega'v. Dept. oQa. Superior Ct. Bristol Co. Dec, 1978. Sp.
n?™fn?° C0l \ test s the Department decision that a student should have private
pi!2T?\ ► ?? rP J y; Murphy ' Lame ™ 4 Murphy « ^'Grant St., South Shore J
Pla2a, Braintree 02184, 617-848-1850. ?/
w lB9 L h City of Boston v. foigsby. Superior Ct. Suffolk Co. 1979. Sp.
2™ ■? he J her \ Boston or ^e state 'pays for special education of children bussed
* urroundin « communities (children bussed under METCO plan for
S23iS7 of f 6r .° f minorit y students). Michael Batcher, Boston School
Committee, 26 Court St., Boston 02108, 726-6433,
[H ^ ] Braintree School Commission y. Dept. of Ed. Superior Ct. Norfolk
fohnf' J S f* M \ Wh6ther 3 3Ch001 must pay for Psychiatric services for
a child when parents claim it is necessary for the child's education. Paul
Schneiders, 2184 Washington St., Braintree 02021, 617-828-7373.
UhltoL Li ) j B r en ?i Ck - V * Superior Ct. Norfolk Co. Feb. 1977. Sp. Ed.
Whether child should be placed in private day school at school board expense/
Ann Vonl, One Garfield Circle, Burlington 01803, 617-273-4242. ex P ense -
uu 1 ^ 3 ' „ ?r indle V * fo^S- Superior Ct. Berkshire Co. .Mar. 1977. Sd. Ed
Sti^i£?t 0h " d nJ5? Uld be PlaC6d ln 3 PriVate ^titution. Thomas M. strm^n,
City Solicitor's Office, City Hall, Pittsfield 01201, 41-3-499-1 loo/
affirmed by CCA 1. Motion for summary judgment on one count denied, . appealed to
CCA 1. Sp. Ed. Placement in private school. Confidentiality of records-
whether expert fitnesses have access to the child's records. Whether a"local
ItZl l 0T \ T !! Cy . Can " a S Peal t0 federal court under ^-l^'. Whether there is
pendent jurisdiction of the state law questions in federal court (plaintiff
\ JwiT t0 i r °^ C l additional evidence under 94-142, but to use state substan-
\ tive law). David Berman,- George P. Hisset Drive, Medfo^dL 02155," 617-395^7520.^
\ <?n CH L Hl * 3 p - ^TT 23 - V * We3t field Public Snhnm . Superior Ct. Hampden Co. 1979.
t P * * Contesting the automatic assignment of children tCa pre-flrst trade
\ program (for students considered not ready for the first grade) when their test -
scores are below a certain mark.. Donald Graham, Pioneer Valley Legal- Clinic
588 Belmont, Springfield 01108, 413-781-0402. Clinic, .
rJ A ? Q ?fl 3 ^ gig^g^ v-. Leicester Sc hool Committee . Superior Ct. Worcester
D ^ C ^ i ° n , Ma ^ ch 1980> D * Dama 8 e suit for school's withdrawing diploma
i
[HI] Alfred C.j v. Boston School Committee . Superior Ct. Suffolk Co
Jan. 1981. Sp. Ed. Parents appeal Jrom a Department of Education decision'
holding that a substantially separate class in the public school system is
appropriate placement rather than a private day school. Herbert D. Friedman,
.160 Milk St., Boston 02109, 617-451-0141. i
O 101
ERIC 10
[HI] Luis C. y. Dept. of Bd. Superior Ct. Suffolk Co. Apr. 1981.
Sp. Ed.^ Whether the school should provide private schooling. Herbert D.
Friedman, 160 Milk St., Boston 01209, 617-451-0191.
[HI] Samuel C" v. An rig . U.S. Dist. Ct. Fteb. 1981. Sp. Ed. Child
seeks placement in a residential program. Charles E. Vander Linden, Central
Mass. Legal Services, 435 Main St., Fitchburg 01420, 617-345-1946.
[HO] Cambridge v. Bureau of Sp. Bd. Appeals . Superior* Ct. Middlesex
Co. Dec. 1980. Sp* Ed. Issue unknown. Edward Cunningham, City Hall, 795
Massachusetts Ave. ? Cambridge 02139, 617-49 8-9020-.
[HI] Cambridge v. Bureau of Sp. Ed. Appeals .' Superior Ct. Middlesex
Co. June 1978. Sp. Ed. The city contests the Bureaus award of private
placement. Robert Sydney, City Hall, 795 Massachusetts Ave., Cambridge 02139,
617-498-9020.
. [HI] Cambridge v. Bureau of Sp. Ed. Appeals .' Superior Ct. Middlesex
Co. Mar. 1977* Sp. Ed. The Gity contests the Bureau 1 s awarfcl of private
placement. Robert Sydney, City Hall, 795 Massachusetts Ave., Cambridge 02139,
,617-498-9020.
[S2] # v Chambers v. Massachusetts Secondary School Principals 1 Ass f n.
Superior* Ct f L97 8, Decision 1978, D. Student contested the 19-year old age
limit for sports. • Attorney unknown.
[HI] Commerford v. Dept. of Ed. Superior Ct. Suffolk Co, Feb. 1980.
Sp. Ed. Placement- in private, facility. Barry Mintzer; Mintzer, Hochberg,
Stibel and Biren, £7 State St./ Boston 02109, 617-720-1000. *
«»
[H6 P2] Commonwealt h v. Arlington School Committee . Superior Ct.
.Middlesex Co. Sept. 1979. Preliminary injunction Oct. 1979. ' ELB 899. Sp.
Ed. .Suit by the state and parents to enforce a decision of the Bureau of
Special Education Appeals ordering reinstatement of suspended handicapped child
and placement in a special education program. 'Thomao Mela, Massachusetts *
Advocacy Center, 2 Park Square, Boston 02116, 617-357-8431.
[H6] Costello v. Quincy Public Schools . 'Superior Ct. jSuffolk Co. Aug.
1980. Sp. Ed. Suit to provide tutoring for handicapped child in school.
Richard W. McLeod, 120 Front St., Worcester 01608, 617-753-4709.
,[H4 H6J -""Town of Dartmouth v. ' Dept.- of Ed. Superior Ct. Bristol Co.- Nov.
197*7. Settled. EHLR 552:313. , Sp. Bd. Whether student evaluations had -been
properly conducted; whether the special education plan wa3 adequate. Leonard
Perry, P.O. Box H3102* Now -Bedford 027411 64.7-996-8291.
[H6] 4 Dedham School Committee v. Doe . Superior Ct. Norfolk & 1979. -
•Withdrawn. * Sp. Ed. Child in parochial school; parents wanted services* of a
psychiatrist in parochial school in a different town. Appeal by town from the
hearing examiner's ruling for the town, made to preserve right to appeal to
court after review by the Department of Education. Paul Maggioni, 628 High
St.; Dedham 02026, 617-326-9448.
[HI] • % . Dedham School 'Committee v. Doe . Superior Ct. Korfolk^Co. 1977. •
Withd^a^frf. Sp.^Ed. Whether the school committee must ^pay 'for voluntary
private placement mhxle by parents. Paul Maggioni, 628 High St., Dedham 02026,
617-326-9448^^ v * ,
0
[HI] - ' Digirolano v. Dept. of Ed. Superior Ct. Norfolk Co. Feb. 1977.
2ni! „J 0 P L Wheth6r the t0Wn Sh0Uld provide P pivate Placement. Joseph
Malloy, 1469 Washington St., Canton 02021, 617-828-3664. P
500 H F P sL R^r^tT^' ui S ' Di3t * Ct * N0V * 1979 ' .Vision Nov. 1980.
500 F. Supp. 802., Sp. Ed. Whether child should be placed in private day
school at school board expense. Conflict between state "and federal law as to
l^o%\ Zu°J remedies ' * nn Vohl, One Garfield Circle, Burlington 01803,
[HI PI] Doe v. Anrifi. U.S. Dist. Ct. Oct. 1980. Sp. Ed. Plaintiff
requests private placement for child, including placement pending the court
action. Whether the parents must pay for the transcript of the administrative '
Sf^of P ™ cedure3 - Esther Stevens, lp* Tremont St., Boston 02108,
bofS 3 Lho„iH n — J' ^T^' U * S * Di3t * Ct '.' 1 ^' s P' : 'Ed. Whether the school
board should provide placement in a residential facility. Ann Vohl, One
Garfield Circle, Burlington 01803, 617-2.73-4242.
«,hinn ho i ^SV* U * S * Di3t '* Ct ' June 198 °* S P- Whether child
SSSiS r? ?! ^ ?f iVate ^ 3Ch °P L - at ' 3c "°°i board expense. Ann Vohl, One
Garfield Circle 1 , Burlington 01803, -617-273-4242.
[HI] Doe v. Anrig." U.S. Dist. Ct. Sept. 1980. Sp. Ed. Suit
-SISSi? ^ f PrlVate placement ' ^ter Finn; Guterman, Horvitz, Rubin,
end Rudmap, Three Center Plaza, Boston 02108, 617-227-8010.
.chS 3 ,WlH nr 1 /* ° e P U °f **' U ' S - Di3t « »• 1981. Sp. Ed. Whether
Si So J 5? fl a !? d 10 Pri / ate day 3dh001 at 300001 board expense. Ann '
Vohl,. One Garfield Circle, BurlingtCn 01803, 617-273-4242.
£j 6 l Doe v. Division of Sp. Ed. Superior Ct. Norfolk Co. Sept. 19 79.
Decision, Feb. l?8l, D. ^s p . Ed. Whether the services provided to a
i^rsa^-SBSigs-"" adequate - - Lester Goid - 294 washingt ° n st -
CH6J ' 4 v ' fi£!<- Superior Ct. Suffolk Co., Jan. 1980. Sp. Ed.
Requesting .additional sertvices for the child; contesting sufficiency of
evidence to support the hearing examiner's- ruling. Herbert Klige'r, P.O. Box '
119, Chestnut Hill 02167, 617-739-2800.
uJS 1 - un, ~ v * Hingham School Committee. U.S. Dist. Ct. 1981. Sp. Ed.
Whether child should be placed in a private day school zt school board
expense. Ann Vohl, One Garfield Qircle, Burlington. 01803, 617-273-4242.
[Hll Doe v. Huntlye. Superior Ct. Essex Co. May 1979. Sp. Ed. Suit
requesting that the school .place handicapped child in a private facility.
Peter Gossels, 84 State St., Boston 02109, 617-742-9310.
CH6 PI] Doe. v. Wells. Superior Ct: Suffolk Co. Jan. 1981. Sp. Ed.
Requesting additional services for^ the child in school. Contesting
H^^li^ i 6!7-?sS^Ioor >CedUreS ' Herb8rt Kliger ' P *°* B ° X 119, Chestnut
[HI H5] Drinan v. Anrig. Superior Ct.-. Norfolk Co. May 1978. Sp. Ed.
Suit for residential placement for two years beyond the age of 21, on the
grounds that the school had refused to provide placement .earlier when required
V 103
103 •
\
/to provide it° f Donald Freedman, 141 Milk St., Suite. 825, Boston 02109,
617-969-9410.
[HI]: Early v. Dept. of Bd . Superior Ct. Worcester Co. Dec. 1979.
The hearing examiner ruled that the school must provide^ private placement; then
midway through the second year hteruled the school need not provide it. The
school contested the examiner's ruling that the school must, nevertheless,
continue to provide it for the remainder of that year. Deborah Shanley;
Murphy, Lamere & Murphy, 250 Grant Street, South Shore Plaza, Braintree 02184,
617-848-1850.*
•«
CM] Yiguerado^ v. Owen . Dist. Ct. Bristol Co. Sept. 1978. Settled.
Suit for damages (psychological damages) by student alleging that a teacher hit
him with a stick. Richard Mullen, 657 Highland Ave., Fall River 02720,
617-67 l*-4604.
[HI H5 PI] Fisher v. Fink. Superior Ct. Middlesex Co. Dec. 1978. Decision
Mar. 1981, D. Sp. Bd. Constitutional and statutory challenge to termination
of special education upon receiving a high school diploma, asking for
reimbursement for private schooling and .other damages. Whether due process
requires schools to give notice fyiat a diploma bars further provision of
special education by the schools. Requesting interim attorney fees. The court
ruled that the plaintiff must exhaust administrative remedies. Arthur
Goldsmith, 103 Union Wharf, Boston 02109, 617-367-6689.
[E4 HO] Fitchburg Spanish Council v. School Committee of Fitchburg .
Superior Ct. Worcester Co. Aug. 1979* Sp. Bd. Suit to improve special
education procedures for Spanish speaking children — seeking use of Spanish when
school officials test children and consult with their parents. Charles B.
Vander Linden, Central Mass. Legal Services, 435 Main St.,, Fitchburg 01420,
-61-7-345-1946 - . \ ;
CHI] Tofth of Framingham v. Dept. of Ed. Superior { Ct. Middlesex Co.
, June 1979* Sp. -Ed. Whether the town's payment for private schooling of a
handicapped child violates a state constitutional provision against government
aid to private schools. William Mayer, 281 Pleasant St., Framingham 01701,
^617-879.-5000. -
CHI] Freeman v. Dr. Franklin Perkins School . Probate Ct. Worcester
Co. Apr. 1981 i Removed to Superior Ct. Apr. 1981.. Sp. Ed. Parents brought
suit against private school to maintain the child in school. The school had
threatened to dismiss the child for ndn-payment of tuition (by a school
district in Illinois, where the'parents live.) Donald Freedman, 141 Milk St.,
Suite 825, Boston 02109, 617-969-9410.
[H6] Gagnon v. Dept. of Ed . Superior Ct. Plymouth Co. Nov. 1980.
The school contests a hearing examiner's decision that it should provide
physical therapy for a'child in school. Deborah Shanley;" Murphy , Lamere 4
Murphy, 250 Grant Street, South Shore Plaza, Braintree 02184, 617-848-1850.
[Dl] Gagnon v. Quabog Regional High School Dist. Committee . Superior
Ct. Hampton Co. Oct. 1977. Decision Jan. 1978, D. ELB 599* Contesting
suspension from school for student* s failure to pay for damages to school
property. Michelle DeBord, Quaboag Legal Assistance, 96 South St., Ware
01082, o 4l3-967-624l.
[Dl D8] Gill v. Joyce . Superior Ct. Norfolk Co. 1980. Preliminary
injunction denied by Superior, Appeals, and Supreme Judicial Cts. Suspension
104
103
IT ' .
|; of student fop 10 days for vandalism. Whether a principal can discipline for
\k • acts outside the school year. Whether due, process was afforded in discipline
procedures. Mark Cerel, P.O. Box 8, Islington Station, Westwood 02090,
617-329-3990. »
ft 11 ! Gop_pe v. Anrig . Superior Ct. Essex Co. Nov. 1978. Sp. Ed.
Seeking residential, placement. David Rifkin, 600 Federal St., Salem 01970,
617-745-9787.
t®-] Granowitz v. Anrig . Superior Ct. Suffolk Co. May 1977. Sp.
Ed. Whether child should be placed in private school. Donald Freedman, 141
Milk St., Boston 02109, 617-969-9410.
Granowitz v. Anrig . Superior Ct. Suffolk Co. June 1979. Sp.
Ed. Whether child should be placed in private day school at school board
expense. Ann Vohl, One Garfield Circle, Burlington 01803, 617-273-4242.
[P2] Groves v. Deady . U.S. Dist. Ct. 1980. Sp. Ed. Whether
suspending a handicapped child from class constitutes a placement change and
requires procedures necessary for a change in placement. Susan Thai, Western
^^usetts Legal Services, Inc., 145 State St;, Springfield 01103,
CH2] Hackett v. Anrig . Superior Ct, Suffolk Co. Apr. 1981. Sp. Ed.
Suit contesting the exclusion of a mentally reta-ded student from high school
pending administrative hearing. William Crane, DD Law Center of
Massachusetts, 294 Washington St., Boston 02108, 617-426-7020.
C JP- ] City of Haverhill v. Dept. of Ed. Superior Ct. Essex Co. Apr.
1978. Withdrawn. Sp. Ed. Whether the schools should provide residential
placement. Ashod Amirian, 379 Main St., Haverhill 01812, 617-372-8531.
[El E4] Hispan ic Parents Adivsory Council v. Proulx . U.S. Dist. Ct.
1980. TR0 denied. Suit to prevent destruction of school serving Hispanic
students, arguing issues of bilingual education and racial segregation. Alan
J., Rom, Lawyers Committee for Civil Rights Under Law, 294 Washington St.,
Bofcton 02108, 617-482-1145.
[HI PI] Holder v. Anrig . Superior Ct. Suffolk Co. Feb. 1981. Sp. F/ .
Requesting 24 hour residential placement. Whether parents must be able to
^participate in school review of child's plan. Whether the hearing examiner can
prepare a. .plan after a decision. B. Elizabeth S toll. Greater Boston Legal
Services, 466 Blue^Hill Ave., 1 >xbury 02121, 617-442-0211.
f
[HI] Igo v. Dept. of Ed. Superior Ct. Norfolk Co. Oct. 1977.
Withdrawn. ^ Sp. Ed. Suit contesting bearing examiner's ruling that the school
must pay the cost of private schooling. John P. Lee, 8 Hayward St., Attleboro
027.03, 617-222-0467.
£ H2 ^ Innocenti v. Beverly . Superior Ct. Essex Co. Jan 1978.
Settled. Sp. Ed. Parents contested education plan calling for private
placement and sought placement in regular school with services. Ronald
Kaczynski, 6dNBundrett Ave., Andover 01810, 617-727-3100.
[Bl] Jacobs v. Amherst-Pelham Regional School Dist. Superior Ct.
Hampshire Co. Mar. 198I. Whether child can attend school in the district
_ whese he, but not his parents, live, without court ordered emancipation. John
Drake; Drake and Whitney, 25 Main St., Northhampton 01060, 413-586-4540.
O 105
Bl£< . . .. Ho
[HI] Kelley v. Dept. of Ed. Superior Ct. Suffolk Co. Aug. 1979*
Settled 1980. Sp. Ed. Suit for cost of private schooling, including
retroactive payment for cost of prior year schooling. Herbert D. Friedman,
160 Milk St., Boston 31209, 617-451-0191.
[R33 Kent v. Commissioner of Ed. Supreme Judicial Ct. Feb. 1980.
Class action. Decision, Mar. 1980, P. 402 N.E. 2d 1340. Constitutionality
of a statute allowing student teachers to offer prayer periods, allowing
students not wishing to participate to be excused. Kenneth A. Sweder; Kaye,
Fialkow, Richmond, and Rothstein, 60 State St., Boston 02109, 617-523-1900.
[HI] Lang v. Braintree School Committee . U.S. Dist. Ct. 1979* >Sp.
Ed. Whether the child is entitled to placement in private school, as opposed
to public school placement. Ann Vohl, One Garfield Circle, Burlington 01803,
617-273-4242.
[HI] Larkin v. Dept. of Ed. Superior Ct. Middlesex Co. July 1980.
Settled. Sp. Ed. Suit for retroactive costs of private placement and for
future private placement. Donald Freedman, 141 Milk St., Suite 825, Boston
02109, 617-469-9410.
y
[B4] Latin Ass'n. for Progress and Action v. Connor . U.S. Dist. Ct.
May 1978. Preliminary injunctions Apr. 1979 and Nov. 1980. 12 CHR 416, 14 CHR
1294. ELB 681, 773. Suit to improve the bilingual education program in
Worcester and to ensure that, all eligible students are allowed to participate
in the program. Charles Vander Linden, Central Mass. Legal Services, 435 Main
St., Fitchburg 01420, 617-345-1946.
[HI] LeDrew v. Anrig . Superior Ct. Suffolk Co. Feb. 1977. Decision,
P. Sp. Ed. Suit for cost of private schooling. Beryl Cohen', 11 Beacon St.,
Boston 02108, 617-742-3322.
[Hl r ] Levy v. Anrig . Superior Ct. Suffolk Co. Feb. 1977. Sp. Ed.
Town appealed from a ruling by the Department of Education that child should be
placed in a day school. Peter C. Gossels, 84 State St., Boston 0210Q,
^617-742-9310. tf
[HI] Lloyd v. Dept. of Ed. Superior Ct. Norfolk Co. Mar. 1978. Sp. '
Ed* Whether the schools must finance private placement ; claiming that such *
financing would violate an amendment fco the state constitution that prohibits
state aid to private schooling except for deaf, dumb or blind students.
Albert , S_. Robinson , 47 Church St.. Wellesley 0218 1. 617-253 -1020.
I
[HI] Lloyd v. Dept. of Ed. Superior Ct. Norfolk Co. Oct. 1978. Sp.
Ed] Whether the 3pecial education law violated a constitutioadl provision that
public money cannot be used to aid private education. Albert S. Robinson, 47
Church St., Wellesley 02181, 617-253-1020.
[HI] Lynch v. Dept. of Ed. Superior Ct. Norfolk Co. 1977. Decision
Sept. 1978, D. Sp. Ed. Contesting hearing examinees decision that the
school district must pay for private school placement. Whether school must pay
retroactive tuition. John P. Lee, 8 Hayward St., Attleboro 02703,
617-222-0467.
[HI PI] Lynn v. Bureau of Sp. Ed. Appeals . Superior Ct. Essex Co. Apr.
1981. Sp. Ed. Whether the hearing officer, rather than the school, can
select a private facility for a child. Nicholas Curuby, City Hall, Lynn
01902, 617-598-4000.
9
loftS « J^SS' Bureau <* Sp. Ed. Appeals. Superior Ct. Essex Co. Oct.
iyou. sp. Ed. Whether the schools or the Department of Public Services must
pay for education in a residential facility for a child who is a ward of the
Department of Public Services. If the school pays, Whether the Department of
Public Services can select the residential facility. Nicholas Curuby, City
Hall, Lynn 01902, 617-598-4000. ^ruoy, v^y
CHI] Maclsaac v. Dept. ofiM. Superior Ct. Worcester Co. Nov. 1977.
Decision Nov. 1978, D. Sp. Ed. Requesting reimbursement for residential +
placement, claiming that special education teaching in public school was &
inadequate. Milton Raphaelson, 349 Main St., Worcester 01608, 617-791-8586.
^ CH9 «Jw \ McDonou ff n v - torlgrf Superior Ct. Suffolk Co. Apr. 1980. Sp.
Ed. Whether^ residential placement must be paid for by school, as opposed to
£™L* 8enC o!! S ; MiChael Betcher ' 0ffice of the General Counsel, Boston School
Committee, 26 Court St., Boston 02108, 617-357-6433.
„ f" 1 H9] McLean General Hospital v. Garber . State Dist. Ct. Aug. 1978.
Settled. Sp. Ed. Plaintiff brought suit to collect costs of private
placement of handicapped child, and the parents brought a third-party claim
against schools for reimbursement. One issue is which government entity must
L°fL°I P riv ^ Placement. Andrew Weiss, Two Park Square, Boston 02116,
01 1 -^2o-20o 0 •
[P2] McNeil v. Connorton. Superior Ct. Norfolk Co. Apr. 1979. Sp.
Ed. Requesting in junction* against the exclusion of a child from public school
(child was suspended for disciplinary reasons) pending review of plan.
Barbara Clurman, Massachusetts Advocacy Center, 2 Park Square, 7th Floor,
Boston 02116, 617-357-8431.
I*® McNultjr v. Massachuset ts Interscholastic Ath. Ass'n . Superior
?" Sept ' 1919m ^ Qision W79, D. Appellate Div. Decision 1979,
fn o ? ™ r W o iV6r ° f ^ he defendant 's age limitation rule. James T. Duggan,
10 Post Office Square, Boston 02109, 617-482-8151. "ssani
CH °J Marion School Committee v. Dept. of Ed . Superior Ct. Plymouth
S 0, m? P ' 0 ^; Issue unknown. William H. Carey; Desmarais & Carey, 446 County
St., New Bedford 02740, 617-999-2341.
[H2I Martin v. Bd. of Ed I Superior Ct. Hampden Co. 1978. Settled,
sp. Ed. Suit to put child in regular education class instead of special class
I°U landiCapped children - Donald Graham, Pioneer Valley Legal Clinic. 588
Belfflbnt-StTrSpringf iel d 01 1087 4l3-78l=0402T — " — ~
£ H1 J ' Melrose S chool Committee v. Massachusetts Dept. of Ed . u S
Dist. Ct. July 1980. Sp. Ed. The school contests a ruling that it provide
private placement for a child. Deborah Shanley; Murphy, Lamere & Murphy, 250
Grant Street, South Shore Plaza, Braintree 02184, 617-848-1850.
[D8] Moore v. Creedon. Superior Ct. Norfolk Cc. May 1979. Due
process in suspension during last month in school year (a special education
claim is peripheral) . Damages sought. Arthur Goldsmith, 103 Union Wharf ,
Boston 02109, 617^367-6689. '
[H2] Moore v. Hanover Sch ool Committee . U.S. Dist. Ct. 1978. Sp.
Ed. Damage action for child's loss of schooling because the school system
placed the child in a mental institution. Ann Vohl, One Garfield Circle,
Burlington 01803, 617-273-4242. 5 *
1Q 7 112
[Dl E2] Morales v. Frizzle , Superior Ct. Hampshire Co* 1980. Settled.
Suit to maintain child in school* The child was in the Amherst public schools
under a program bringing New York inner-city students to schools outside the
City. .The child was removed from this program for smoking marijuana and he
brought suit to remain in school without paying out-of-state tuition (which is
waived for children in the program N , alleging racial discrimination among other
issues. Richard Evans, 26 So. Prospect St., Amherst 01002, 413-253-9887*
[HI] Murphy v. An rig. U.S. Dist. Ct. May 1981. Sp. Ed. The school
appeals. from part of a Department of Education decision granting private
placement. Attorney unknown.
[B3] Murphy v. School Committee of Brimfield . Superior Ct. Decision,
P. Supreme Judicial Ct. Decision May 1979, D. 389 N.E. 2d 399. Whether
school committee must provide transportation for children attending private
school located outside the public school district. Albert B. Cook, address
unknown •
[H9] Natick School Dist. v. Dept. of Ed* Superior Ct. Suffolk Co.
1980. Sp. Ed. Whether state agencies are responsible for sharing part of the
cost of special education. Edward Leibensperger; Nutter, McClennen, and Fish,
600 Atlantic Ave., Boston 02210, 617-973-9700. <<
[H6] Natick School Dist. v. Dept. of Ed. Superior Ct. Suffolk Co„
1979. Sp. Ed. Whether the school must pay for psychotherapy. Edward
Leibensperger; Nutter, McClennen and Fish, 600 Atlantic Ave., Boston 02210,
617-973-9700.
[HI] Needham School Committee v. Dept. of Ed. Superior Ct. Suffolk
Co. Jan. 1978. Withdrawn. Sp. Ed. Whether the School Committee should
provide residential placement. Peter Gossels, 84 State St., Boston 02109,
617-742-9310.
[HI] Newton School Committee v. Dept. of Ed. Superior Ct. Middlesex
Co. July 1980. Sp. Ed. Whether the School Committee should pay for private
placement. Wayne R. Frigard City Hall, 1000 Commonwealth Ave., Newton Center
02159, 617-552-7050.
[H9] * Northbridge v. Natick Schools . Superior Ct. Middlesex Co.
1980. Sp. Ed. Whether Town of Northbridge, the Town of Natick, or the state
must pay cost of special education of child in a foster home in Northbridge,
but whose parents live *.i Natick. Henry Lane, 174 Church St., Whitinsville
01588, 617-234-5350.
[HI H9 3 Norwood School Committee v. Dept. of Ed. Superior Ct. Norfolk
Co. Mar. 1981. Sp. Ed. Whether the school district should provide a child
with residential placement (as opposed to day care). Whether the town should
pay for the residential component of the placement. Justin C. Barton, 698
Washington St., Norwood 02061, 617-762-3234.
[E73 O'Brien v. Dukakis . Superior Ct. Worcester Co. May 1977. Class
action. Dropped when plaintiff joined Webby v. King . Suit for equal
financing of schools. Alfred Doyle; Doyle and Dyar, 25 Burncoat St.,
Worcester 01605, 617-853-1533*
[S2] Orlando v. Massachusetts Interscholaatic Ath. Ass'n . Superior
Ct. Essex Co. Dec. 1979* TRO, then decision Jan. 1980, D. Student contests
1 1 r >
/
ineligibility for sports under the four year rule* Samuel J. Concemi; Concerai
& Wight, 316 Essex Street, Lawrence 01840, 617-685-2400.
CHI] Christopher P. v. Commonwealth . Superior Ct. Hampshire Co. 1978.
Decision 1980, D. Sp. Ed. Who has burden of proof to prove adequacy of
education plan; request for funding of private placement. William C. Newman;
Lesser, Newman, Sibbison, and Souweine, 39 Main St., Northhampton 01060,
413-584-7331*
[F6] Perchemlides v. Frizzle . Superior Ct. Hampshire Co. June 1978.
Partial summary judgment Nov. 1978, M. 12 CHR 189, 835. ELB 776. Parents
seek a home education program and termination of criminal charges for violation
of compulsory attendance laws. Whether the schools violated due process by
giving insufficient consideration to plaintiff's request for home study.
James Bisceglia, Western Massachusetts Legal Service, 76 Pleasant St.,
Northampton 01060, 413-584-4034.
[B1H9] Town of Phillipston v. Dept. of Ed. Superior Ct. Worcester Co.
Aug. 1977. Withdrawn. Sp. Ed. Whether a child in foster care in the
plaintiff town must be provided special education by the town when the parents
live elsewhere. J. Phillip Howard, 38 Parker St., Gardner 01440, 617-632-0970.
C H1 3 Diana R. ^v. Randolph School Committee . Superior Ct. Suffolk Co.
-May 1981. Parents appeal from part of a Department of Education Decision not
granting private placement. (See Murphy v. Anrig ). Herbert Friedman, 160
Milk St., Boston 02109, 617-451-0191.
C H6 3 Wayne R. v. Somerville School System . U.S. Dist. Ct. Feb.
1981. Sp. Ed. Suit contesting the IEP -for a handicapped child, requesting
more services in school. Nancy Borofsky, Cambridge and Somerville Legal
Services, Inc., 24 Thorndike St., Cambridge 02141, 617-492-5520.
C B 3] Ragen v. Whitman-Hanson School Committee . Superior Ct. Plymouth
Co. 1977. Decision 1978, P. Supreme Judicial Ct. 1978. Decision May 1979,
D. 389 N.E. 2d 399* Whether the school committee ..must provide transportation
for children attending private school located outside the public school
district. Thomas Quinn, 59 Court St., Plymouth 02361, 617-746-1930.
[F2] Right to Read Defense Committee of Chelsea v. School Committee of
City of Chelsea. U.S. Dist. Ct. Aug. 1977. Class Action. -Decision July 1978,
P. 454 F. Supp. 703* Suit contesting removal of a book from high school
library by the defendant. Jonathan Shapiro, 2 Park Square, Boston 02116,
617-542-0663.
[HI PI] Roe v. Anrig. U.S. Dist. Ct. Aug. 198O. EHLR 552:311. Sp.
Ed. Whether child should be placed in a private day school at the expense of
the school board. Whether the state must provide transcripts of hearing
procedures expeditiously. Ann Vohl, One Garfield Circle, Burlington 01803,
617-273-4242.
EH4 H5] Roebuck v. Dept. of Ed . Superior Ct. Suffolk Co. Aug. 1979.
Sp. Ed* Appeal from a hearing examiner f s decision that the school cannot
graduate a student, and must continue to provide services, because the school
did not bring in the local social service -agencies when preparing the students
last IEP. Deborah Shanley; Murphy, Lamere & Murphy, 250 Grant Street, South
Shore Plasa, Braintree 02184, 617-848-1850.
[HI H5 PI] Rosen v. Anrig . Superior Ct. Norfolk Co. June 1978.
Withdrawn, Sp. Ed. Contesting Department of Education decision that the
schools should provide education in a private school after age 21 even though
the school offered to grant the student a diploma. Whether a hearing examiner
can order specific private school placement. Procedural irregularities.
Cathleen Cavell, Associate Town Counsel, 333 Washington St., Brookline .02146,
617-232-9000.
tHl] Scanlon v. Dept. of Ed. Superior Ct. Middlesex Co. 1977.
Decision 1979, D. Sp. Ed. Whether school should provide private schooling,
instead of tutoring in public school. John Cogavin, 3 Center Plaza, Boston
02108, 617-742-3340.
CHI] School Committee of Sherborn v. Bureau of Sp. Ed. Appeals .
Superior Ct. Suffolk Co. Apr. 1977. Decision, D. Filed in the Appeals Ct.,
then withdrawn. Sp. Ed. Appeal from hearing examiner's award of retroactive
costs of private placement, when parents made the private placement before the
due process hearing.. Jeffrey F. Jones; Palmer and Dodge, One Beacon St.,
Boston 02108, 617-227-4400.
C E2 E 1 *] Sierra v. Ross . Superior Ct. Worcester Co. 1978.. Consent decree
1979* ELB 657, 1054. Suit to provide a bilingual education program for "
Hispanics in a vocational school. Plaintiff also alleged discrimination
against Hispanics in admission to the school, including use of discriminatory
tests. Charles E. Vander Linden, Central Mass. Legal Services, 435 Main St.,
Fitchburg 01420, 617-345-1946.
[HI PI] Simas v. Dept. of Ed. Superior Ct. Suffolk Co. 1980. Decision,
.Jan. 1981, P. Sp. Ed. Suit for cost of private schooling. Whether hearing
decision should be reversed because tapes of the hearing are not audible.
Herbert D. Friedman, 160 Milk St., Boston 01209, 617-451-0191. *
[E2 H33 Sixth Dist. Committee V^. Amrlg .^ Superior Ct. Hampden Co. 1978.
Sp. Ed. Congesting disproportionate placement of minority children in special
education^asses. Susan Thai, Western Mass. Legal Services, 145 State St.,
Springfield 01103, 413-781-7814.
[HI] Smith v. Anriq . Superior Ct. Berkshire., Co. Aug. 1980.
Withdrawn. Sp. Ed. The town was appealing a decision by the Department of
Education that a child should be given residential placement. P. Keyburn
Hollister, City Hall, Pittsfield 01201, 617-523-8010.
[Bl E4] South Middlesex Regional Vocational Technical School Dist. v.
Milford . Superior Ct. Middlesex Co. Oct. 1979* 13 CHR 786. Ten students
were denied access to a bilingual education program because the plaintiff
school district contended that the defendant district must pay tuitions because
the students lived there. The students intervene to be able to stay in the
program pending litigation, and a preliminary* injunction was granted them.
Laurence Faiman; Faiman & Deangelis, 300 W. Worcester Road, Framingham 01701,
617-879-6600.
[HO] Spets v. Anrig . Superior Ct. Suffolk Co. May 1977. Sp. Ed.
Issue unknown. Lisa Fitzgerald, address unknown.
[H9] Steffen v. Anrig . U.S. Dist. Ct. Dec. 1980. Agreement in lieu
of a TR0, Dec. 1980. Sp. Ed. Which of two school districts should reimburse
the costs of special education. Charles E. Vander Linden, Central Mass. Legal
Services, 435 Main St., Fitchburg 01420, 617-345-1946.
110
115 *
ui. 5 * w ^SE£ V * iS£ifi« Superior Ct. Norfolk Co. May 1979. Sp. Ed.
Whether school department should provide placement in a private school.
Whether the state constitutional provision against aid to private schools
prohibits such placement. Whether the hearing examiner can order placement in
a specific school. Khetner the hearing examiner had sufficient
qualifications. Whether the Commissioner of Education can review decisions of
the hearing examiner. Cathleen Cavoll, Associate Town Counsel, 333 Washington
St., Brookline 02146, 617-232-90OO. «»«wwwi
[H9] Stern v.' Okin. Superior Ct. Norfolk Co. Jan. 1981. Sp. Ed.
Whether the schools or the Department of Mental Health must pay for the
residential component of costs for children with severe mental disabilities
(when school pays the education component). Cathleen Cavell, Associate Town
Counsel, 333 Washington St., Brookline 02146, 617-232-9000.
C H f 3 Jo3e T ? v - Okin- U-S. Di>t. Ct. Aug. 1979. Class action. 13
UiK 537. Sp. Ed. Suit for provision of educational and mental health
services for emotionally disturbed children in Massachusetts. Damages
sought. Paula Mackin, Greater Boston Legal Services, 85 Devonshire St.,
Boston 02109, 617-367-2880.
Town of Tewksburv v. Dept. of Ed. Superior Ct. Middlesex Co.
June 1978. Settled. Sp. Ed. Whether the child should be placed in a private
school. Charles Zaroulis, 9 Middlesex St;, Lowell 01852, 617-458-4583.
£ s3 ^- Tierney v. Kslleher. Superior Ct>. Norfolk Co. Decision 1980,
D._ Appeals Ct. decision, D. Injunction denied 'by Superior and Appeals
a?u, , Suit by scn ° o1 department against the Massachusetts Interscholastic
Athletic Association to allow the Canton team to participate in a championship
game (because of computation of scores). Joseph Malloy, Town Counsel,
Memorial Hall, Canton 02021, 617-828-3664.
[HI] Tobin v. Dept.. of Ed . Superior Ct. Suffolk Co. Aug. 1978.
Moot. Sp. Ed. School contests hearing examiner's decision that it should
provide residential' placement for a student. . James A. Toomey; Murphy, Lamere
& Murphy, 250 Grant St., South Shore Plaza, Braintree' 02184, 617-848-1850.
C H6 3 School Co mmittee of Truro v . Dept. of Ed. Superior Ct.
Barnstable Co. Jan. 1980. Decision June 1980, D. EHLR 552:186. Sp. Ed. The
IEP called for counseling, and parents waited to choose counselor— wanted a .
private psychologist instead of school counselor, at school expense. Edward^
Veara,.J>.0. DrawerJC^Jkmte 134, South Dennis 02660, 617-398-8684.
[HI PI] Eric W. v* Anrig . U.S. Dist. Ct'. 1980. Sp. Ed. Whether
residential placement is appropriate for an emotionally handicapped child.
Whethor parent must go through neglect proceedings to obtain residential
placement. Whether the.plaintiff must exhaust administrative remedies.
Anthony DeMarco, North Shore Children's Law Project, P.O. Box 710, 4ynn 01903,
617-581-1977.
[HI] Walsh v. King. U.S. Dist. Cf. Jan 1981. Class Action. Sp.
Ed. Suit to obtain the increased cost of tuition for autistic children charged
by an out-of-state residential facility, claiming that the facility is the only
appropriate one available for the students. Robert W. Langlois, Flemming and-
Langlois, 1159 Hancock St., Quincy, 617-472-5100.
[E7] Webby v. King. Supreme Judicial Ct. May 1978. Class Action.
Suit to equalize school financing among schools in the state, based on federal
and state equal protection guarantees. Harold >Flannery; Foley, Iloag, and
Eliot, 1X3 Post Office Square, Boston 02109, 617-482-1390.
[HI] Wellesley School Committee v. Dept. of E d. Superior Ct. Norfolk
Co. Oct. 1979* Sp. Ed. Whether the school system's financing of private
schooling for handicapped children violates an amendment to the state
constitution that prohibits state aid to private schools, except for deaf,
dumb* or blind students. Albert S. Robinson, 47 Church St., Wellesley 02181,
617-253-1020.
[H9] Westfleld School Committee v. Dept. of Ed. Superior Ct, Hampden
Co. Nov. 1978. Sp. Ed. Whether residential placement is for educational
-^purposes such that school system must pay. William Coulter, 68 Court St.,
Westfield 01085, 413-568-5105*
CHI] Westmoreland v. Hill . Superior Ct. Suffolk Co. Jan. 1978.
Settled. ELB 729* Sp. Ed. Suit to continue child 1 s placement in a private
school. Kenneth Margolin, 27 School St,, Boston 02110, 607-523-5271.
[HI] Town of Weston v. Bureau of Sp. Ed. Appeals . Superior Ct.
— Middlesex Co. Apr. 1977. Settled. Sp. Ed. v Suit for private placement.
Florence Freeman, 483 Boston Post Road, Weston 02193, 617-893-1510.
[HI H6] • Wojciak v. City of Chicopee . Superior Ct. 1977. Class action.
Settled. Sp. Ed. Suit charging general noncompliance with the state special
education law. Donald Graham, Pioneer Valley Legal Clinic, 588 Belmont St.,
Springfield 01108, 413-781-0402.
[HI] Woodman v. Anrig . U.S. Dist. Ct. Apr. 1981. Sp. Ed.
Reimbursement for p-ivate placement. Donald Freedraan, 141 Milk St., Suite
' 825, Boston 02109, 617-964-9 '410.
[HI] Wysocki v. Dept. of Ed, Superior Ct. Essex Co. Oct. 1977.
Decision, D. Sp. Ed. Whether school should pay for residential placement.
Webb F. Primason, 23 Central Ave., Lynn 01901, 617-595-3189.
MICHIGAN
[Bl] Allen v. Oak Park Schools and Southfield Schools . Cir. Ct.
Oakland Co. Sept. 1979. Settled Oct. 1979. Whether students were enrolled in
proper school district, and if not, what changes, if any, should be made.
David H. Fink; Cooper and Fink, 3C200 Telegraph Rd., Birmingham 48010,
313-646-3200. x
[R2] Americans United for Separation of Church and State v. School
Dist. of City of Grand Rapids . U.S. Dist. Ct. S.D. Aug. 1980.
Constitutionality of shared time with religious school; First Amendment.
Albert R. Dilley; Dilley and Dilley, 5450 Old Kent Bldg. , Grand Rapids 49503,
616-459-8581.
ERIC 11? 112 *
'-H3BBSI329
r«. £ y, , , „ gawn Marie Bt v * Blooafield K ills Andover High S nhnni pigt. ^
Ct. Oakland Co. Nov. 1980. A former high school student brings a damage
action for failure of the school staff to report abuse (by her stepfather) to
tne Department of Social Services as required by state statute. Steven J
*}t Z lH?lUl Rubin ' P * C *' 30600 Tele « ra P h Road . Suite 2363, Birmingham 48010,
.J£ 6 P i ] „ Southfield Public Schools. Cir. Ct. Oakland Co. Aug.
Ifli' f Pre J imi " ar *y injunction, P. Sept. 1978. Sp. Ed. Whether school,
without a hearing, could transfer two wheel chair children to a barrier free
building, farther from home, or whether the school should provide accessibility
in its own building. Bernard Feldman; Ramsdell, Oadie,* and Feldman
Southfield Rd.., Southfield 48075, 313-552-9400. teioman, 25130
[H6] Bernard v. State Bd. of Ed. Cir. Ct, Wayne Co. Sp. Ed. Action
to obtain special education^ developmental^ disabled child; Donald R.
Mclntyre, 3535 David Stott Bldg., Detroit 48226, 313-961-7565.
1Q7Q 63 n- < < Birmingham School Dist., v. Szulborski . Cir. Ct. Oakland Co. Oct.
nllLr. t Si ? n ? OV ;, 198 °', D * Sp * W - *PP eal from administrative decision.
Whether school should provide summer program for 13 year old autistic child.
[HI PI] Blakely v. Michigan-Bd.-of-Ed. U.S. Dist. Ct. E.D. Nov. 1Q7Q
Decision Jan. 1981, D. Sp. Ed. Appropriate residential placement of
handicapped child. Question of exhaustion of administrative remedies. Rohna
SlS-^lilo^O 11830 P * SerVice f0r DD » 1200 6tn St * M 106 » Detroit 48226,
v
, JjJJ 53 Britenbach v. Roseville S chool Dist. U.S. Dist. Ct. E.D. Dec.
1980. Settled. Challenge to school rule requiring students to sign a waiver
of their Fourth Amendment rights against search of their lockers. Similarly
with respect to their cars in order to obtain parking permits for the school
SSr?-??,'' Elizabeth Gleicher; Goodman, Eden, Millender, and Bedrosian,
3200 Cadillac Tower, Detroit 48226, 313-965-0050. ■
[SI] Burton v. Easton . Cir. Ct. Kent Co. 1979. Decision 1979, D.
-^Student contested ineligibility after transferring from a public to a catholic
6lM59 612° hn D * TUlly ' 900 ° ld Building ' Grand Ra P ids ^9503,
[S3] Carter v. Concord Community Schools . Cir. Ct. Aug. 1980.
Decision 1980, D. Challenge to the system used bydthe school to choose
cheerleaders. Charge that an arbitrary and capricious process was used in the
selection. Bruce A. Barton; Barton, Benedetto & Bishop, 414 S. Jackson
Street, Jackson 49201, 517-787-6532.
UhifJL mih ■ Qiel f ea fl? 001 Di3t - V< ^te Bd. of Ed. Cir. Ct. Mar. 1081.
Whether children placed by their parents in private, residential parochial
school are "residents" so that they can attend the public school in the
district where their parochial school is located. Also whether the state Board
of Education followed the statutory procedure in determining residency or
denied due process. Thoinas H. Schwarze; Keller, Thoma, Schwarze, and
Schwarze, 1600 City National Bank Bldg., Detroit 48226, 313-965-7610
* 113 IIS
[H4] Clemente v. Porter , U.S. Dist. Ct. E.D. 1979* Dismissed. Sp.
Ed.~Whether a child was Tearning disabled, and whether ther s e is a conflict
between the definitions* of learning disability under federal and state law.
Joel Welber; Goldstein, Welber, Florey, and Ferris, 287 E. Liberty Plaza, Ann
Arbor 48104, 313-761-1566.
[Hb] Coe v. School Dist. of City of Flint . Cir. Ct. Genesee Co. Dec.
1979. Sp. Bd. Adequacy of program and teacher/pupil ratio in special
education class—autistic child. Marshall MacFarlane; Keil, Henneice, Ruhala,
McKone, and MacFarlane, G-4413 Corunna Rd., Flint 48504, 313-733-2050.
[H6] Coe v. Michigan State Bd. of Ed. U.S. Dist. Ct. E.D. Jan.
1981. Sp. Ed. Action for damages and to require separate specific program
for autistic child. Marshall MacFsrlarie; Kiel, Henneke, Ruhala, McKone and
MacFarlane, G-4413 Corunna Rd., Flint 48504, 313-733-2050.
[DI D8] Cords v. Buchanan Public Schools . U.S. Dist. Ct. W.D. 1978.
Decision 1973, D. Challenge to summary expulsion for smoking marijuana at
school, on the grounds that there was lack of due process at the hearing after
the expulsion, that the offense was not specifically covered by the rules and
that tlie loss of a whole year's credits was unduly severe. Michael D. Marrs;
Desenberg, Desenberg, and Marrs, P.O. Box 72, Buchanan 49107, 616-695-1500.
• C Dl 3 Cross v. G rand Blanc Community Schools . Cir. Ct. Genesee Co. May
1980. Decision May 1980, P. Ct. of Appeals 1980.. Settlement approved by
court. Suit, three weeks before graduation, to reverse order of the School
-Board expelling student and to permit him (on suspension) to take final exams
and graduate. Charles W. White, 512 W. Court St., Flint 48502, 313-232-0114.
[H6] Dady v. School Bd. for City of Rochester . Cir. Ct. Oakland Co.
1978. Decision 1978, D. Ct. of Appeals 1978. Decision May 1979, D. 282
N.W.2d 328. Sp. Ed. Whether catheterization for a handicapped child is
covered by the Michigan Handicappsrs' Civil Rights Act. James F. Hewson,
38130 Jamestown Dr., Sterling Heights 48077, 313-977-8716.
[S2] Davis v. Michigan High School Ath. Ass'n. Cir. Ct. Wayne Co.
. Jan. 1980. Decision 1980, D. Challenge to eight semester rule for
eligibility (student had moved from another state but had not played the full 8
semesters). William Staugaard; Kistner, Schienke, Staugaar*! & Dettloff, 27007
Hoover Road, Warren 48093, 313-756-0900.
[H6 HO] Doe v. Oak Park Schools . U.S. Dist. Ct.^E.D. Mar. 1980. Cla&s
action. Consent agreement. Nov. 1980. Sp. Ed. Charges ^of sexual abuse of
handicapped children, inadequate training of teachers, and inadequate
^ teaching. Jon R. Garrett; Shaheen, Kranson, and Garrett, 820 Buhl Bldg.,
J)etroit 48226, 313-963-1300.
[S2 S4] Donahue v. Michigan High SchoolvAth. Ass'n . Cir. Ct. Macomb Co.
1980. Decision 1980, D. Student contests ineligibility from_sports for
- exceeding the maximum allowed participation; also contested administrative
appeals procedure in the Michigan High School Athletic Association. Timothy
Barkovic, 30500 Van Dyke Street, Suite 301, Warren 48093, 313-574-9230.
[D83 Finnerty v. Ann Arbor Public Schools . Cir. Ct. Washtenaw Co.
1979. Moot. Whether there was due process on an expulsion- hearing. ' James
R. Cmejrei': Crippen, Urquhart v Cmejrek, and Weber, 125 City Center Bldg. , Ann
Arbor 48HH, 313-769-5700.
119
Cg®3 Flint Bd. of Ed. v. Williams . Probate Ct.. Genesee Co. Jan.
1978. Decision Apr. 1978, P. cir. Ct. Genesee Co. 1978. Decision, P. Ct. of
Appeals 1978. Decision Jan. 1979, D. 276 N.W.2d 499. Suit by school board
to declare a student incorrigible and that there was no place for him in the
school system. Question: Whether school board had complied with procedures
and exhausted administrative remedies. John\P. Siler; Bellairs, Dean, Cooley,
and Siler, 510 Genesee Bank Bldg., Flint >8502, 313-767-1520.
[H6 H4] Friedman v. Carmen-Ainsworth School List. U.S. Dist. Ct. E.D.
Nov. 1978. Order maintaining status quo Nov- 1980. Sp. Ed. Appeal from
change of classification from EMI to TMI and charging failure to provide proper
SU^C'iSSl. C * R °5 ert Beltz; BeltZt Behm> and Ni ?kola, 600 Genesee Bank Bldg.,
Flint* 46502, 313-767-5420. 7
_^[01] Gordon. v. Warren Consolid. Bd. of Ed. U.S. Dist. Ct. E.D, 1979.
Decision* Feb. 1981,' p. Challenge to school's placement of undercover agents
in classrooms as "transfer students" and questioh as to the real purpose of
such placement. Richard A. Soble; Goodman, Edefn, Millender, and Bedrosian,
3200' Cadillac Tower, Detroit 48226, 313-965-005
[P2] Green v. Westwobd Community .School' Dist. U.S. Dist. Ct. E.D.
Jan. 1980. Preliminary injunction, Apr. 1980/ Sp. Ed. Due process on an
indefinite expulsion. Failure by school to identify student as handicapped.
Linda Krupp, Wayne County Neighborhood Legal/Services, 10758 W. Jefferson.
.River Rouge 48219, 313-849-1550. 1
CB6] ^ » Guilford v. Throop. 'Cir. Ct/ Ingham Co. Dec. 1979. Challenge
under Michigan Civil Rights Act and Fourteenth Amendment to athletic
association rule forbidding mixed genders on varsity athletic teairs. Prof.
Dorean M. Koenig, Cooley Law School, 217 So. Capitol Ave., Lansing 18901,
517-371-5140. . /
[F6] Hanson v. Cushman. U.S. Dist. Ct. W.d: Oct. 1979. Decision Mar.
1980, D. 490 F. Supp. 109. Whether parents, who are qualified to teach their
children, but do.not have teacher's certificates, could keep their nine
children out of public schools and teach them at home. Kenneth A. Birch;
Birch and Dean, 301 M.A.C. Ave.', East Lansing 48823, 517-351-1100.
C 05 °1] Henderson v- Van Buren Public Schools . Cir. Ct. Wayne Co. Mar.
1977. Removed to U.S. Dist. Ct. 1977. Decision Nov. 1978, P. CCA 6 1979.
Affirmed Jan. 1981. SL0 989. Whether school harrassed student and slandered
student at a press conference, and whether newspaper^ libeled student. Also
violation of due process, and unreasonable search and seizure. Gabe
Kaimowitz, Puerto Rican Legal Defense and Educational Fund, Inc., 95 Madison *
Ave., New York, NY 10157, 212-532-8470.
[HI] Huber. v. Midland School Dist. Cir. Ct. Midland Co. 1978.
Preliminary injunction denied, 1978. Sp. Ed. Whether an aphasic child should
be transferred to a residential program in another school district which could
provide a specialized program for aphasias. Patricia Barone, Legal Services
of Eastern Michigan, 352 Saginaw St., Flint 48S02, 313-234-2621.
f
CE6] ' , . 'Humphrey v. St. Louis Bd. of Ed. Cir. Ct. Midland Co. 1979.-
Decision 197.9, P. A girl sued to play football on a boys' team. Lance H. '
•Fertig, 803 Capitol Street, Lansing 48933, 517-485-4711.
120
115
[D7] Ingel v. City of Detroit School Bel. Cir. Ct. Wayne Co. 1980.
Damage and injunction suit against the school and principal for locking child
out of buiJ.dirg as disciplinary measure, during which she was assaulted by
boys. William Stackpoole, 1916 City National Bank Bldg., Detroit 48226,
313-965-8650.
Martin Luther King Jr. School Children v. Michigan Bd. of Ed.
U.S. Dist. Ct. E.D. 1977. Class action. Decisions May 1978 and Dec. 1978 and
July 1979i P. 451 F. Supp. 1324; 463 F. Supp. 1027; 4^3 F. Supp. 1371.*
Whether failure of school to take into account the use of n Black English," by
students, presents a language barrier that denies equal educational opportunity
to such students. Gabe Kaimowitz, Puerto Rican Legal Defense and Educational
Funu, Inc., 95 Madison Ave., New York, NY 10157i 212-532-8470.
[S2] Klnjorski v. Farmington Public School Dist. Cir. Ct. Oakland Co.
1980. Decision Aug. 1980, D. Ct. of Appeals Aug. 1980. Decision Sept. 1981,
D. Student contests age rule for sports eligibility. William Stackpoole,
1916 City National Baak Bldg., Detroit 48226, 313-965-8650.
[E2] McFadjen v. Grand Blanc Community Schools . Cir. Ct. Genesee Co.
Nov. 1978. Damage action against a teacher and school district for a book
which perpetuates negative images of blacks; plaintiffs rely on intentional
tort theory, negligence theory and/or violation of state civil. rights
statute. Tracy Collier-Nix; Waterman, Stanley, and Collier-Nix, 2523 Clio
Rd. f Flint 48505, 313-232-1061.
[H2] Michigan Ass'n. of Retarded Citizens v. Smith . U.S. Dist. Ct.
Mar. 1978. Class action. Decision Feb. 1981, P.. Sp. Ed. Whether
c handicapped children should be maintained in a large institution or distributed
into their respective communities. William J. Campbell, Michigan P and A
Service for DD, 230 N. Washington Square, Lansing 48933, 517-487-1755.
[H4] Michigan Ass f n. of Retarded Citizens v. Traverse Bay Area
Interned. School Dist . Cir. Ct. July 1977. Class action. Settled, 1979.
Sp. Ed. Challenge to school district plan under which handicapped children
were classified only by age, without IEPs. William J. Campbell, Michigan P
and A Service for DD K 230 N. Washington Square, Lansing 48933, 517-487-1755.
[H6 H7] Michigan Society foi» Autistic Children v. Porter . U.S. Dist. Ct.
E. D. Nov. 1978. Be\ng settled. Sp. Ed. Whether state rules should provide
that schools give handicapped children 230 school days per year. Seeking
prohibition on use pfc certain control techniques. Charge that programs for
handicapped childr/n do not include things offered to other students. George
G. Newman, 530 Buh\Bldg., Detroit 48226, 313-963-2614.
[Bl] Moore vA oak P^rk Schools and Soathfield Schools . Cir. Ct.
Oakland Co. Sept. 1979^ Whether students were enrolled in proper school
district and if- not, what charges, if any,- should be made. David H« Fink;
Cooper and Fink, 30200 Telegraph Rd.,* Birmingham 48010, 313-646-3200.
[D2 D9] Moore v. Portage Public Schools . ,Cir. Ct. Kalamazoo Co. June
1979* TRO June 1979. Challenge to school f s "no^-excuse" policy of denying
credit for any class in which student misses more than a certain number of days
in attendance, regardless of grades. Also lack of due process on school board
hearing. Alfred J. Gemrich; Gemrich, Moser, Dombrowski, Bowser, and Fette,
222 S. Westnedge Ave., Kalamazoo 490067, 616-382-1030.
1
lPd 116
<? C ? 23 ,^ 0 Nowicki v » Bloomfield Hills School Diat . Cir.' Ct. Oakland Co.
? ?' 1 D6cision ?*• WW, -F. ; Sp. fed. Won to obtain temporary, idss
restricted placement of handicapped child during administrative procedures.
J?* ^ 6re; aiere and Klein » 3000 ^ Center, Southfield 48075,
313-353-04532. - .
[E6] t •. dthen v. Ann Arbor Bd. of Ed. U.S. Dist. Ct. E'.D. 1979.
tecision Feb. 1980, D. ^CCA 6 Mar.. 1981. Girl .sues to join golf team,'
claiming violation of Title IX; the school contends that Title IX does not*
apply to programs that receive' no federal funds. Jean I- King, 277 East
Liberty Bldg., Ann Arbor 48104, 313-662-1334.
J* 2 * Pingitore v. Roseviiie Public School. U.S. Dist. a. July
19.80. Sp. iid. Action for actual and punitive damages for allegedly unlawful
transfer, suspension and expulsion of handicapped student. 'Also for denial of
educational opportunity and denial of due process hearing. Jon R. Garrett;
Shaheen, Kranson, and Garrett, 820 Buhl Bldg. , Detroit 48226, 313-963-1300.
CH3] Postema y. State bi. of Ed. Cir. Ct. Inghan, Co. 1978. Sp. Ed.
Mandamus action to obtain appropriate placement and training for autistic
child. Michael A. Magnotta. Address "unknowns
* * *
1Q £n 3J nu , v ' Southfield P ublic Schools . Cir. a. Oakland Co. Scot.
iyoo. Challenge to increasing.-ainimum busing distance. from one-half mile to
one mile. Defense. attorney is John A. Carlson; Shifman and Goodman, 3000 Town
^Center," Southfield 48075, 313-358-0620. .
m 3 i r*. TP 2 *^* Wayne Co. Intermediate Sch ool Dist. and Detroit Bd. »f
Mi Cip « Ct. Wayne Co. Dec. lgto 1 . Class action. ^Settled I979. Sp. fid. '
Challenge to transfer of handicapped students to another school where students
were put in different achievement levels without individual evaluation.
Joseph A. Golden, 24800 Itorthwestern Highway, Southfield 48075, 313-352-1552.
_ [H3 ^ Schneider v. Bay-Arenac Intermediate School Dist. Cir. Ct. Bay
Co. Sept. 1978. Decision Sept. 1978, D. Sp. Ed. Whether change of placement
,L5 a » Pped children "a* Proper. John A. Carlson; Shifman and Goodman,
3000 Town Center, Southfield 48075,' 313-358-0620. J
- CD33 Scott v. Mason Public Schools . Cir. Ct. Ingham Co. 1978.
Decision Oct. 1978, D.. Whether the coaches decision to kick student off the
football team because, he had two beers on a Friday night was unreasonable.
4 James P. Colbert, 527 N. Pine-' Street, Rochester 48063, 313-652-3608.
CRJ *3 Sheridan Road Baptist Church v . State of Michigan . Cir. C£T""~
Ingham Co. Dec. 1980. Temporary injunction. Whether the state statute— which
requires church schools to report enrollment, employ certificated teachers,
teach minimum required, courses and permit inspection of the school's
reoords-is constitutional. William B. Ball; Ball & Skelly, 511 N. Second
Street, Harrisburg, PA 17108, 71.7-232-8731.
* • * ' . •
[D3] Sprague v. Harrison Co mmunity Schools , cir. a. Clare Co. May
1980. Class action. Decision Sept. 1980, P. ELB 1054. Challenge to school
policy of denying credit for any class in which the student misses more than
eight days in attendance, regardless of course grades. Susan Gyss. Le*al
Services of Eastern Michigan, 1825 Bay City Rd., Midland 48640, 517-832-7987.
[Dl], Tkjrlor v. DeWitt Public Schools . Cir. Ct. Clinton Co. 1979.
TRO* Preliminary injunotion denied. Appeal from school board decision
suspending atudent for possession of marijuana. Glen B. Gronseth; Hubbard,
Fox, Thomas, White,, and Bengtson, P.C. f 1108 Michigan National Tower, Lansing
48933* 517-485-7176.
[B4] ' Thomas v. Detroit Bd. of Ed. Cir. Ct. Wayne Co. Oct. 1980.
Class action • Settled Nov. 1980. Challenging school policy of requiring a
$10 book deposit, with no waiver for indigents, and of harassing students who
could not make the deposit* Jennifer S. Bidwell, Michigan Legal Services, 220
Bagley, Detroit 48226, 313-964-4130.
[D3] TUrpin v> Michigan Center Schools . Cir. Ct. Jackson Co. 1977.
Decision 1977, &• Student was suspended from sports for possession of
marijuana. None was found on her person. Violation of constitutional rights
was charged. 0 Dennis J. Conant; Christian & Conant, 2654 Spring Arbor Road,
Jackson 49203, 517-787-3560,.
-[El] United States v. Flint Community Schools . U.S. Dist. Ct. Apr. .
1980* Consent decree Apr. 4980* Desegregation />f the schools of Flint,
through expansion of magnet schoc& program.- Michael H. Sussman, General c
Attorney, Civil Rights Div. , Room 7537, Dept. of Justice, Washington, DC 20530,
202-633-4755.
[F3] Villareal v. Geiger . U.S. Dist. Ct. E.D. 1979- Settled 1980.
To what extent can the school- impose uniformity on the.sttidents through a dress
code. Also due process on suspension hearing. James L. Florey; Goldstein,
.Welber, Florey, and Ferris 287 E. Liberty Plaza, Ann 'Arbor 48104, 313-761-1566. * K
[D7 V B5] . Westside Mothers v. Je fferson . U.S. Dist. Ct. E.D. Apr. 1977. /X
Class action . Settled* Sept. 1977* ELB 516. Challenge to school policy of/
putting whole classroom' on "dry lunch" as a disciplinary measure. Kenneth L.'
Lewis, 1010 City County Bldg., Detroit 48226, 313-224-6460.
[D8] Wilkerson v. Birch Run School Dist. Cir. Ct. Saginaw Co. Apr.
1980. Decision 1980 r D. Appeal from school board expulsion decision on
grounds that school-board hires the hearing officer, conducts the prosecution
and determines the verdict without informing the student or his attorney as to
what facts the prosecution is based on or where the information came from.
John A* Picard, 820 N. Michigan, Saginaw 48602, 517^753-4441.
[01] Williams v. Wayne Co. Intermediate School Dist. Bd. of Ed. Cir.
Ct# Wayne Co. Jan. 1977. TR0"Ffeb. 1977. Settled Feb. 1977. Contesting
ttansfer to facility which did not comply with fire code. Joseph A. Golden,
§4800 Northwestern Highway, Southfield 48075, 313-352-1552.
[Bl] Winfrey v. Oak Park Schools and Southfield Schools . Cir. Ct.
Oakland Co. Sept. 1979« Consent judgment Nov. 1980, P. Whether students were
enrolled in proper school district and if not, what changes, if any, should be 9
'made. Charles H. Brown, 13II E. Jefferson, Detroit 48027, 313-393-0400.
[D5] Wo f ford v. Wayne-Westland School Dist. U.S. Dist. Ct.'E.D. Nov.
. 1980» Challenge to school rule requiring students to sign a waiver of their
Fourth Amendment rights in regard to search of their cars in order to obtain
parking permits for the school parking lot. Elizabeth Gleicher; Goodman,
Eden, Millender, and 'Bedrosian, 32nd Floor Cadillac Tower, Detroit 48226,
313-965-0050.
13
MINNESOTA
^ Cameron v. Ind. School Di st. NO.-276 . Dist. Ct. Hennepin Co.
1977. Decision June 78, D. Privacy of school student records. Leonard J.
Hanson, 4613 Fair Hills, W., Minnetonka 55343, 612-938-2497.
„, [D8;1 In re David Cloud. Dist. Ct. Hennepin Co., Juvenile Div. 1977.
Class action. Decision 1977, P. ELB 584. Sp. Ed. Due process on expulsion,
^?o^ age aCti ° n * WillianrF - Messinger, 412 S. 4th St., Minneapolis 55415,
[H6] Dynduk v. Rosemont School Dist . Dist. Ct. Anoka Co. 1978. Sp.
3d. Damages for failure to provide proper education. George T. Morrow II-
Lauhead and Morrow, 100 N. 6th St., Minneapolis 55403, 612-339-5375.
[Bl] Grasswick v. Ind. School Dist. No. 543 . Dist. Ct. Ottertail Co.
Jan., 1979. Minn. Supreme Ct. 1980. Decision Aug. 1980, P. Which school
student could attend (state law giving choice was repealed, but while this case
was in Supreme Ct..,- the legislature passed new law which solved the problem).
"EE . I ' S U ^ r, =? fte ' P ! mbertcn ' Schulzge, Sorlie and Sefkow; Law Office
Bldg.; Fergus Falls 56537; 218-736-5493.
[H6 P2] Groshonfi v. Ind. School Dist. No. 831 . U.S. Dist. Ct. 1977.
T™* \ I 19?0 ' °; SP * M - Contesfc inS expulsion procedures, and claiming
damages for inappropriate education. The court ruled that tfhe plaintiff must
exhaust administrative remedies for an action based on 94-142. George T
55403" 6^J-^9-53?5? nd MOrrOW ' BUtl6r SqUare Bldg " 100 N * ^ h St " Minneapolis
[D2] Hunt v. Ind. School Dist. No. 831 . U.S. Dist. Ct. 1977. Class
action. Settled. Challenge to Forest Lake School policy of removal from
class after 10 absences, regardless of excuse. Keith E. Goodwin: (MCLU
Volunteer) Oppenheimer, Wolff, Foster, Shepard and Donnelly, 1700 1st National
Bank Bldg.„ St, Paul 55101, 612-227-7271.
CHL J Ind. School°Dist. No. 277 v. Commissioner of E d. U.S. Dist. Ct.
Nov. 1980. Sp. Ed. Whether the state can require the school district to
check as to the adequacy of private school. William F. Kelly 351 2nd St
Excelsior 55331, 612-474-5977. ' *
£« 6 «■] Ind. School Dist. No. 277 v. Pautz. Dist. Ct. Hennepin Co.
19,79. Decision P. Supreme Ct. decision, Aug. 1980, D. 295 N.W. 2d 635. Sp.
Ed. Adequacy of Individual Education Program for mildly handicapped child.
Role of court in reviewing administrative hearings. William F. Kelly 351
Second St., Excelsior 55331, 612-494-5977.
• •
£JJ 6 p ^ Ind. School Dist. No., 281 v. LaBissonniere . Dist. Ct. Nov.
1979. Dismissed. Sp. Ed. Whether IEP for handicapped child was
appropriate. Role of court in reviewing administrative procedures. Bernard
G. Zimpfer; Leyander, Zimpfer and Zotaley, 720 Northstar Center, 625 Marquette
Ave., Minneapolis 5540a, 612-339-6841. narquette
[P2 DO] Mrs. A.J, v. Minneapolis Special School Dist. No. 1. US m+t
Ct. 1977. , Decision Oct. 19 79, ffT 478 F° Supp. Hlg S p. eS? k etlel a
suspension imposed by the school district violated the Minnesota Pupil Fair
Dismissal Act because the district imposed a 15 day suspension after an
11
124
informal administrative hearing* Plaintiff tried to raise the handicapped
issue but failed; child not determined to be handicapped* until after trial, so
94-142 procedures were not applicable* William F. Messinger, 412 S. 4th St.,
Minneapolis 55^15, 612-338-1931 •
[F2] Lamb v. Ind. School Dist. No 719 . U.S. Dist. Ct. May, 1978.
Class action. Decision June 1979, M. Dismissed. Suit to restore Ms.
Magazine to school library. George T. Morrow II and Linda Ojala, Minnesota
Civil .Liberties Union, 628 Central Ave., Minnesota 55414, 612-378-2436.
[HI H2] Laura M . v. Special School Dist. No. 1 . U.S. Dist. Ct. 1979.
Decision Jan. 1980, M. EHLR 552:152. ELB 889. Sp. Ed. Requesting
reimbursement for private school tuition. The parents removed the child from
public school because he was segregated from regular students. Eric S. Janus/
Central Minnesota Legal Services, Inc., 323 Fourth Ave. S<, Minneapolis. 55415,
612-338-0968.
[P2] M.N, v. Special Dist. No. 1 . U.S. Dist. Ct. 1979. Settled.
Sp. Ed. Due process in suspension of handicapped *pupil. William F.
Messinger, 412 S. 4th St., Minneapolis 55415, 612-338-1931.
[F2] Pratt v. Ind. School Dist. No. 831 . U.S. Dist. Ct. Jan. 1979.
Class action. Decision Jan. 1981, M. Censorship, First Amendment; whether
School- District has the right to remove the movie "The Lottery" from the
curriculum. Philip W. Getts, (MCLU Volunteer) 10 S. 5th St., Minneapolis
55401, 612-339-7633.
[Rl] Sasseville v. State High School League . U.S. Dist. Ct. 1978.
Settled. Whether Christian Science student had to have a physical examination
to compete in interscholastic sports. Linda Miller, Pioneer Bldg., St. Paul
55101, 612-291-0713.
[R2] Stark v. Califano . U.S. Dist. Ct. May 1978. Constitutionality
of Title I of Elementary and Secondary Education Act (1965-20 U.S.C. 2701) re
aid to private and parochial schools, under establishment clause of First
Amendment. Nicholas J. Spaeth; (MCLU Volunteer) Faegre and Benson,
Northwestern Bank Bldg., Minneapolis 55*402, 612-371-5300.
[R3] Stark v. Ind. School Diat. No 271 . U.S. Dist. Ct. May 1980.
Decision June 1980, D* Decision CCA 8 June 1980, D. Whether invocation and
benediction at graduation ceremony violated the First Amendment. Robert J.
Bruno, (MCLU Volunteer), 900 W. 128th St.,* Burnsville 55337, 612-890-9171.
[D2] Stoll v. Lyle School Bd. 'Dist. Ct. Mower Co. Aug. 1978. /
Settled. Challenge to school policy of reducing grades for absenteeism; a "no
excuse" policy. -Patrick J. 0'Meara, 6950 Wayzata Blvd., Minneapolis 55416,/
612-542-8200. * ' ^ j
[E6] Striebel v. Minnesota State High School League . Dist. Ct. Ramsey
Co. 1979. Decision July 1980, D. Supreme Ct. Oct. 1980. Whether scheduling
girls' tournaments in different season from boys 1 tournaments, resulting in
poorer training for girls, is discrimination. Diane C. Hanson, (MCLU
Volunteer), 4924 IDS Center, Minneapolis 55402, 612-336-8361.
[H6] Strom v. Ind. i. 100I Dist. No. 621 . U.S. Dist. Ct. 1978.
Decision Sept. 1980, D. Sp. Bd. Damages for inappropriate edbcation.
George T. Morrow II; Lauhead and Morrow, 100 N. 6th St., Minneapolis 55403,
612-339-5375.
• • iiSL- * „ Yan Mueller v - MiSn. U.S. Dist. Ct. June 198O. Class action.
SSf*W 9 ?.S an J stafc e. Fi^t Amendment, challenging Minnesota statute
E^^to25^J?n < S r , tU J ti °! Paid t0 P arochial and Private schools.
?a1it1^^ f ^29So!;4! 0lUnteer), 1320 N * C6ntral T0W6r ' T0Wn &,Uare ' SU
is:;
IV
1:^
MISSISSIPPI
L
JSilLE} JW^/'J"*"* O.S. Dist. Ct. S.D. 1978. Class Action.
, Sui \°° ntestin « disciplinary proceedings on the grounds that the
XSKaS.^ Joseph Hudson ' 1909 Thirtieth Avenue >
SaXJL rh-S^V* aafioaEl' Chancery Ct. Rankin Co. 1979. Class Action.
SSSlSL JFO?? 3 !* 7 SCh ° 01 miQy 0f ohar ging fees for workbooks, '
Si?!?? 8 -? 1 *? f violates state law requiring free education. Charles Tabb,
S? S SSiSSippi 1,6831 Services, 321 Government St., Brandon 39042,
oui -025-0671 •
I* n CR i? t t temv. Stone. Chancery Ct. Chickasaw Co. 1978-79. Decision,
fe: ?• Mississippi Supreme Ct. Decision Dec. 1980, D. 378 So. 2d 218. U.S.
Supreme Ct. denied cert. Whether a state law that provides exemptions from
vaccinations because, of religious reasons is constitutional when a person who
is not of a particular denomination cannot receive an exemption. Harry N.
Hayburn, Jr., Reynolds and Johnson, Box 22807, Jackson 39205, 601-969-3424.
[S3] Chesser v. Goodloe. U.S. Dist. Ct. S.D. 1979. Class Action '
Decision 1979. D. CCA 5 ApT7l979. Decision 1980. 0! Aether stuSent^d
ZSZ 1 . J UI1 k "ft 01 queen * ve5:thou 8h she >was an unwed mother. Charles
Ramberg; Ramberg, Halters, * #&&n, P.O. Box 1428, Jackson 39205, 601-948-0242.
[H73 Crawford v. frSy. Chancery Ct. June 1979. Preliminary
JUly 197 2 6 $ f Uied ' SP * M * Whether a handicapped student was
enticed to summer Ration beyond 180 days. Dennis Horn, Central
Mississippi Legu Services, Box 951, Jackson 39205, 601-948-6752.
W g-awford v. Pittman. U.S. Dist. Ct. N.D. Jan. 1980. Class
Whether the state is required to- provide more than 180 days
m^itT ha " dioa PP ed events who need it. Toby Fishbine, Central
Mississippi Legal Services, Box 951, Jackson 39205, 601-948-6752.
D lR CCA * 1 07o £2e 'I: ^Sgali. U.S. Dist. Ct. S.D. Oct. 1979. Decision 1979,
vL^t M 9?9 \ w Hhether readin 8 P«y«rs over the school public address system
violates the establishment clause of the First Amendment. (District Court)
Whether the individual plaintiff must be identified. (Court of Appeals)
SmS^S^ Ramb6r8 ' W * lterS M * dden ' P, °' ** 1428 ' Jaokson 39205 »
r/ S fo« ft V * Miaaisaippi High Sehool Ac tivities Ass'n . Chancery
Ct. 1980. Decision Sept. lybo. 5T Suit to permit student to play football
2lSl^-.5 r 5S?5^ r ", f **° m g r J v ^ e »? h001 t0 public 8Ch001 wh en the private school
60l??69-2ai! Ro bert Pritohard, 702 Watts Street, Pasoagoula 39167,
fe ERJC . ^ - 12 i 1 9 a
[D9] Goodman v. Cox , U.S. Dist. Ct. S.D. May 1977* • Class Action.
Settled. Contesting grade reduction for disciplinary reasons, claiming lack
of due process hearing. Charles Ramberg; Ramberg, Walters and Madden, P.O.
Box 1428, Jackson 39205, 601-948-0242.
[D8] Gowdy v. Core . U.S. Dist. Ct. 1979* Settled. Contesting the
suspension of a child and the school f s refusal to permit him to take an
examination y alleging lack of hearing. Anna Madden; Ramberg, Walters &
Madden, P.O. Box 1428, Jackson 39205, 601-948-0242.
[S3] Gulf Coast Soccer Ass'n . v. Mississippi gtate Soccer Ass f n .
Chancery Ct. 1979* Decision 1979, P* Eligibility of team going to a state
tournament. C. R. McRae, P.O. Box 1692, Pascagoula 39567, 601-762-3168.
[S2] Jackson v. Mississippi High School Activities Ass'n .' Chancery
Ct. 1977. Disposition not known. Sport's eligibility case. William Guy;
Guy, Dowdy & Whittington, P.O. Box 509, McComb 39648, 601-684-2793-
[S3] Ladner v. Mississippi Hifeh School Activities Ass'n . U.S. Dist.
Ct. 1977 • Moot. Criteria for selecting finalists of the state basketball
tournament. Dixon L. Pyles; Pyles & Tucker, 507 E. Pearl Street, Jackson
39201, 601-354-5668. .
[SI] Laurenzo v. Mississippi High School Activities As3*n . U.S. Dist.
Ct. Mar. 1980. Temporary injunction denied. CCA 5 Mar. 1980. Temporary
injunction granted. Eligibility of a student to participate in sports after
transfer from out-of-state school to in-state school when the student moved
from his mother's. to his fathers home. David G. Hill, P.O. Box 112, Oxford
38655, 601-234-4315.
[D8] " McClain v. Lafayette Bd. of Ed. U.S. Dist. Ct. Decision Dec.
1980, D. Whether a students procedural due process rights were violated by a
summary hearing. Willy Rose, North Mississippi Rural Legal Services, Box 767,
Oxford 38655, 601-234-2918.
-[Dl] Mitchell v. Bd. of Trustees of Oxford Municipal Separate School
Dist . U.S. Dist. Ct. Feb. 1980. Decision Sept. 0.980, D. CCA 5 Decision 1980,
D^ 625 F.2d 660.* Whether automatic expulsion from school of a student caught
With a knife violates substantive due process. Willy Rose, North Mississippi
-•Rural Legal Services, Box' 767, Oxford 38655, 601-234-2918.
[B4] Morgan v, Perritt . Chancery Ct. Paulson Co. 1979- Class
Action. Withdrawn. Challenging a county schools policy of charging fees for
workbooks, alleging violation of state law requiring free education. Charles
Tabb; Central Mississippi Legal Services, 321 Government St., Brandon 39042,
601-825-8671. ,
[E8] Moton 'v. Lambert . U.S. Dist. Ct. N.D. Oct. 1980. Class
Action. Parents of black public school children challenge the tax exempt
status of private segregated schools. Barry Powell; Central Mississippi Legal
Services, 200 East Pascagoula Street, Jackson 39205, 601-948-6752.
[Dl D8 E2] Quarles v. Oxford Separate Municipal School Dist . U.S. Dist. Ct.
Mar. 1981. Contesting the schopl district's automatic suspension rule for
students found with a knife on School property, claiming that the rule violates
the right to a hearing. Also claiming that the child was treated more harshly
because he is black. Alvin Chamliss, North Mississippi Rural Legal Services,
Box 767, Oxford 38655, 601-234-2918.
127 122
nJ^Lr lofl o i g 6W ^ V * Blloxl Sohco1 Bd ' Chancery Ct. Harrison Co. 1980,
- SSTw ? P * Cheerleaders were kicked off team for drinking. Clyde 0.
Hurlber„; .O'Barr & Hurlbert, 132 E. Washington St.^iloxi 39533, 601-4 35-5 536.
b* lS ?b* o SSSders v. Mississippi H igh School Activities Asa'n . Chancery
n , A , Spo f ta eligibility case. Joseph Zuearro; Zucarro, Riley, Pintard
Brown & Carly, 114 S. Wall St., Katohez 39120, 601-446-635lV ' rmtard,
• 'CF33 .Sockwell v. Lafayette School Plat. U.S. Dist. Ct. 1977.
5?« J '« £° ntestin 8 expulsion for manner of dress and hair style. David
Hill, P.O. Box 112, Oxford 38655, 601-234-4315.
mnf?r* - J ^ SSa V, , Ml33l33iPPi ***** 5011001 *Stlyltiea tog^n. Chancery Ct.
Hines Co. 1977. Decision 3 977, D. Suit, to permit student to play baseball in
J? a r^ haVin8 1,61,6316(1 the rtnth grade. Jim B. Reynolds; Steen,
Reynolds, Dalehite, 4 Currie, P.O. Box 900, Jackson 39205, 601-969-7054.
*
rf CS ?Lo' ■ - TraVi ! :i - 0n V> ^SSigglBEi High School Activities Asa'n . Chancery
S* 1 ' 80 ; TR0 granted then retracted on hearing. Suit to permit school teams
f k«f - w \ 3tate tournament; the defendant had placed the school on probation
thus making the teams ineligible for state tournaments. Everett Sanders, P.O.
Box 528, Port Gibson 39150, 6OI-366-6307. anaera, r.u.
im WilUams v. Wiggington. U.S. Dist. Ct.S.D. 1977. Class
'nSzX* M i! d *, Suit COntendin 8 of procedure to appeal from the school
principal in discipline procedures. Suzanne Griggins; Central Mississippi
Legal Services, P.O. Box 277, Mendenhall 39114, 601-847-4321
MISSOURI
t? 1 ! Aldridfte v . Normandy So hool Dist. U.S. Dist. Ct. E.D. July
1980. Consent decree. .14 CHH 762. ELB 1037. Plaintiff sued to receive
diploma that was withheld for failure to satisfy physical education
requirement, alleging that the requirement violates religious convictions.
Stanley Eichner, Legal Services of Eastern Missouri, 625 N. Euclid Ave., St.
Louis 63108, 314-367-1700.
[D8] Barker v. Klngsville" Sohool Plat. U.S. Dist. Ct. W.D. 198O.
decision (on due process issue) Mar. 1980, D. Student expulsion (for
homosexual conduct) was contested for lack of due process in hearing
procedures. Plaintiff also seeks damages for loss of a year of school.
.55? K^OsS*/ BUrn3 HUBPhrey ' 123 We3t Street » independence
*i S \ 3 Q ftn . gf rnnor f v - State High So hool Ath. Asa'n . U.S. Dist. Ct. W.D.
Si; mIZ' mi ' D * 504 ■ Su P p ' 44Q ' Suit contesting rule
that high sohool student cannot participate in interscholastic athletics for
one year after changing schools, claiming violation of equal protection because
the one year rule did not apply to non-sport activities or to private
£0 00?/*, J* 0 "* 8 F * Sullivan » p ' 0 ' 2033,. Overland Park, Kansas 66201,
» i 3~3o«J-5454.
123 * X%8
[El] Black v. State of Missouri . U.S. Dist. Ct. W.D. May 1977.
Preliidjiary rulings 460 F. Supp. 421, 593 F. 2d 493- Suit for integration of
schools in Kansas City and surrounding communities (Kansas City school district
was originally plaintiff, but was designated defendant by the district
court)* x 3l&hur A. Benson III; Benson & McKay, 911 Main", Kansas City 64105,
816-842-7603/
[Bl] Bronestine v. Geisendorph . Cir. Ct. Lewis Co. Mar. 1980.
Decision 1980, D. Ct. of Appeals. Decision Mar. 1981, D. 613 S.W. 2d 465.
Parents^sue to prevent transfer of students from one school to another,
contesting the additional travel necessary. Howard L. Snowden, P.O. Box 93i
La Grange 63448, 31^-655-4733.
[Dl] Davis v. Pattonville R-3~ School Dist. Cir. Ct. St." Louis Co.
TRO, then withdrawn* Principal suspended student for the rest of the semester
for excessive absences. George Dorsey, 110 South Central Street, Clayton
63105,. 311-737-1300.
[HI PI] lYew v. State Dept. of Ed . U.S. Dist 2 ; Ct. W.D. 1978. Sp. Ed.
Cost of privat* placement. Whether the parents must exhaust administrative
remedies when they requested and were refused a due process hearing. Millard
F. Aldridge; Aldridge & Hall, 406 W 34th St., Kansas City 64111, 816-531-5842.
[D8] Eaton v. Merrill . Cir. Ct. Caldwell Co. Apr. 1980. -Decision May
1980, P. Charge of lack of due process in an expulsion hearing, especially
right to cross examine and right to counsel. George Ely, P»0. Box 276,
Hamilton 64644, 816-583-2191.
[HI PI] J.M.H. v. Mallory . U.S. Dist. Cu. W.D. 1979- Settled 1980.
Sp. Ed. Suit for reimbursement for placing child in a private facility and for
payment for continuing education in the facility. Whether administrative
remedies 'were exhausted. Thomas 0* Donnelly 324 E. Dartmouth Rd«, Kansas City
64113, 816-421-2710.
[H8] Levy v. Wentz . Cir. Ct. St. Louis Co. 1977. Settled. ELB
724. Sp. Ed* Suit for transportation of EMR and LD students to school.
Stanley Eichner, Legal Services of Eastern Missouri, 625 N. Euclid Ave., St.
Louis 63108, 314-367-1700.
[P2] E.M. v. Brown . U.S. Dist. Ct. E.I). 1979. 13 CHR 792. ELB
902. Sp. Ed. Suit contesting discipline procedure for suspension* (with
expulsion threatened) of a handicapped child, claiming that suspension requires
review by the IEP team. Stanley Eichner, Legal Services of Eastern Missouri,
625 N. Euclid Ave., St. Louis 63108, 314-367-1700.
[H2] Mallory v. Drake . Cir. Ct. Cole Co. Jan. 1980. Decision June
1980, D. Ct. of Appeals July 1980. Sp. Ed. Whether child should be placed
in public school instead of state school for handicapped. Leslie Schneider,
Attorney General's Office, P.O. Box~899t Jefferson City 65102, 314-751-3321.
[H7] Mallory v. Riles . Cir. Ct. Cole C0./198O. Decision Feb. 1981, ,
P. Ct. of Appeals Mar. 1981. Sp. Ed. Whether a handicapped child is
entitled to more than 180 days education. Leslie Schneider, Attorney
General's Office, P.O. Box 899i Jefferson City 65102, 314-751-3321.
[HI] Mifener v. Missouri . U.S. Dist. Ct. E.D* Aug. 1979." Decision
Jan. 1980, D. ^498 F. Supp. 494. Decision Sept. 1980, D. 498 F. Supp. 949.
CCA 8 Sept. 1980. Sp. Bd. Suit for private placement out of state. Damages
Wr failure to provide an appropriate education. Steve Leonard; Guilfoil,
Symington, PeUall & Shoemake, 100 N. Broadway, St. Louis 63105, 314-241-6890. '
- CA3 ? „ State ex rel. Miller v. McLeod . Cir. Ct. Texas Co. 1978.
vE^id'JiZ^i ^ ea i a i? 80 - Decision Au «- wo, p. 605 s.w. 2 d 160.
Whether the school board should grant a high school diploma— the student had
completed only seven semesters and had 21 1/2 credits, rather than the 22 that
65*01? 3li-36S2oJ? ined neCeSSary - Ronald J ' Fuller » P '°- B °* 462, Rolla
^ C °i ] , n o, - St g te ex rel ' v - Wellston School Dist. Cir. Ct. St. Louis
Co. Mar. 1981. Mandamus granted Mar. 1981. Ct. of Appeals Mar. 1981.
Whether the school district must pay the expense of schooling elsewhere when
the district's- high school is unaccredited. Robert J. Goodwin, Legal Services
of Eastern Missouri 625 N. Euclid Ave., St. Louis 63108, 314-367-1700.
[S2] Mitchell v. Clever School Dist . Cir. Ct. Christian Co. Mar.
19b*. Withdrawn. Contesting, the school's refusal to allow student to play on
school baseball team because the student had gone to baseball camp. Robert
Wiley, lli» N. Commerce Street, Crane 65633, 117-723-5206.
[01] Ngaf v. Mallorv. Cir. Ct. Oct. I980. Decision Dec. 1980, P.
? I* 0 !??*! 18 1980, Aether a child can take a high school equivalency
test without permission from school authorities. Joseph Neaf . 611 North
Second St., Owensville 65066, 314-437-2614.
[82 P23 TyronP. v . Maschmeyer. U.S. Dist. Ct. E.D. Dec. 1977. Class
action. Settled. ELB 729. Sp. Ed. The expulsion of handicapped child was
challenged on grounds of race discrimination and violation of the handicapped
laws. . Robert J. Goodwin, Legal Services of Eastern Missouri 625 N. Euclid
Ave., St. Louis 63108, 314-367-1700.
; Rin& v. Reorganized School Dist. No. ^ . Cir. Ct. Johnson Co.
1980. Decision 1980, D. Ct. of Appeals 1980. -Decision Dec. 1980, D. 609
n,;!;«^ ? ; Sult contestin « an indefinite expulsion on the grounds that the
punishment is excessive and that the school "refused to compel testimony from a
witness who could exculpate plaintiff. Charles B. Fitzgerald, 219 N. Holden
Street, Warrensburg 64093, 816-747-3188'. •
Cpl D8] Root v. Kingsville School Dist . Cir. Ct. Johnson Co. 1978.
Decision Feb. 1980, D. Ct. of Appeals 1980. Settled. Whether adequate
notice was given in a disciplinary proceeding. Whether there was sufficient
evidence of the act punished. Whether the punishment was too harsh. Felix
Gross, P.O. Box 145, Pleasanthill 64080, 816-987-2121*.
CD8] Sharon v. Lankforti . U.S. Dist. Ct. W.D. 1979. TRO 1979, then
dropped. Whether a principal can suspend a child for verbally abusing a
teacher off school groi-nds, without written notice and hearing. Mike Garrity,
Legal Aid of Western Missouri, Frisco Bldg., Joplin 64801, 417-782-1650.
inK? H 6 *IL Ir 2 ^ V ' Waier I' U ' S - Dist ' ct - W ' D - 1977. Decision Nov. _
1977, D. i»57 F.Supp. 1039. Sp. Ed. Suit to have child with spinal bifida^
placed in regular classroom (instead of segregated classroom) in public school
and to have the school (instead' of the mother) provide intermittent
catheterization. Also seeks damages. Whether administrative rer.adies should
CitnSm! d 8\6-5^1-58t2!' Aldridge; Mdrid « e 4 Hall, 406 W. 3 4th St.', Kansas
125 130
CH2 H6] Sherer v. Waier II . U.S. Dist. Ct. W.D. July 1978. Settled.
ELB-728, 831. Sp., Ed. Suit to have a child with spinal bifida placed in *
regular classrooms (instead of segregated classroom for handicapped children)
in pubMc school, and to have intermittent catheterization services provided.
Whether federal aid 4 to*the defendant school should u e terminated for violation
of special education law. Millard F. Aldridge; Aldridge & Hall, 406 W. 34th
St., Kansas City 64111, 816-531-5842. ..
[H6] Smith v. Appleton City School Dist. U.S. Dist. Ct. W.D. Mar.
1981. Sp. Ed. Girl with speech handicap seeks use of speech therapist in
school. John A. Sanders, P.O. Box 100, Clinton 64735, 816-885-5501,
e
[H2] St. Louis D D Treatment Center Parents' Ass'nV v. Mallory . U.S.
Dist. Ct. W.D. 1979. Classy action. 14 CHR 167. Sp. Ed. Suit on behalf of
severely handicapped children in institutions and segregated school systems,
requesting more integration into regular schools. Stanley Eichner, Legal
Services of Eastern Missouri, 625 N. Euclid Ave., St. Louis 63108, 314-367-1700.
[Bl] Sturgess v. Guerrant. Cir. Ct. Calloway Co. Apr. 1977* Decision
Feb. 1978, P. Ct. of Appeals 19*8. Decision June 1979, P. 583 S.W. 2d 258.
Suit to have students reassigned to a school closer to home, in an adjoining
school district. James Swearengen; Hawkins, Brydon and Swearengen, 312 Eas';
Capitol Ave., Jefferson City 65102, 316-635-7166.
[H2] Vogel v. Montrose School Dist. Cir. Ct. Henry Co. 1978. TR0,
then case dismissed when plaintiff appealed the hearing decision to federal
court." Sp. Ed. Suit to keep child in present placement pending
administrative hearing. John A. Sanders, P.O. Box 100, Clinton 64735,
816-885-5501.
[H2 PI] Vogel v. School Bd. of Montrose R-14 School Dist . U.S. Di3t. Ct.
W.D. 1978. Decision May 1980, P. 491 F. Supp. 989. Sp. Ed. Suit to contest
transfer of handicapped child from elementary school to state school for
severely handicapped. Whether' child can be excluded from school during
hearing. Whether a deputy commissioner of education, rather than an impartial
hearing officer, can hold due process hearing. Whether the hearing examiner'
must make a written finding of fact. John A. Sanders, P.O. Box 100, Clinton
64735, 816-885-5501.
[R2] Wamble v. Boyer . U.S. Dist. Ct. 1977. Suit contesting
department of education's use of Title I funds for special education at
religious schools. Pro se. Intervenor: Lee Boothby, Americans United for
Separation of Church and State, 8l£0 Fenton, Silver Spring MD 20910,
301-589-3767.
[H7] Yaris v. Special School Dist. of St. i^uis Co . U.S. Dist. Ct. E.
D. May 1980. Class Action. Sp. Ed. Suit to provide summer programs for
handicapDed children in Missouri. Kenneth Chackes; Chackes & Hoare, 314 N.
Broadway, St. Louis 63102, 314-241-7961.
[D8] Zaletel v. Lawson. Cir. Ct. St. Louis Co. Mar. 1979. Decision
Apr. 1979, D. Suit for reinstatement pending hearing on disciplinary
procedure. Stanley Eichner, Legal Services of Eastern Missouri, 625 N. Euclid
Ave,, St. Louis 63108 314-367-1700.
[SI] Zander v. Missouri High School Ath. Ass'n . U.S. Dist. Ct. E.D.
Apr. 1981. Decision Apr7 1981, P. CCA 8 Apr. 1981. Decision Apr. 1981, D.
Appeal to U.S. Supreme Ct. Apr. 1981. Eligibility for sports (tennis) after
t
mi"
5p§^iig/tb\'a Florida high adhccl for a year and back to the Missouri schools,
^thur S. Marguiis; MarguU?, Drumm, and Rapp, 7701 Forsyth Ave., Suite 1070,
St. Louis 63105, 311-721i66?^.- ...
MONTANA
t Hfi J Matter of "A" Family . Dist. Ct. Flachead Co. Mar. i*f9.
Decision .Oct. 1979, P. Supreme Ct. 1979. Decision Oct. 1979, P. 602 P. 2d
157. Sp. Ed. Whether 91-112 requires defendant school district to "pay for
' 59J22 th So6^it66°56ll rididaPPed Child * John Albrecnt » p *°* B ° x 1 93. Choteau
CH2 H6] Fishback v. Zanto . U.S. Dist. Ct. Mar. 1979. Class-action.
Sp. Ed. Complaint that children are riot receiving 6 hours of education per day
as required by state statute. Children not taught by certified teacher. No
procedures for "mainstreamihg." 'John Albrecht,- P.O. Box 193, Choteau 59122,
106-166-5611. . ,
CH2] Frisch v. Bd. of Trus tees. Jefferson Citv H.S. Dist. U.S. Dist.
Ct. Sept. 1978, -Settled.. Sp. Bd. Denial of education. High school refused
to admit handicapped child. Mainitreaming. John Albrecht, P.O. Box 193.
Choteau 59422, 106-166-5611.
t F2 l t Helena Cit izens for Freedom of Expression v. School Dist. No. 1 .
U.S. Dist. Ct. Oct. 1978. Dismissed for lack of standing. 11 CHR 162.
Whether removal of book "Our Bodies Ourselves" from library constituted
^unwarranted censorship. Whether school board followed its own rules when
removing books. James Zion, ACLUcf Montanta, P.O. Box 1255, Helena 59601,
106—412-3261. •
£ S2 ^ Henderson v. Montana High School Activities Ass'n . Dist. Ct.
Gallatin Co. Sept. 1978. Decision Oct. 1978, D. Student contests the age
limitations rule for eligibility for high school athletics, arguing that he
needed an athletic scholarship to continue his education. James M. Kommers;
Landoe & Brown, P.O. Box 1, Bozeman 59715, 106-586-1351.
CB1] Henry v. Box Elder School Dist; 12th Dist. Ct. Hill Co. Apr.
1979. Settled July 1980. Propriety of charging fees for shop and athletic
equipment when school was collecting funds for\such purposes under the
Johnson-O'Malley Act which provides funding for Schools with a large number of
Indians. Montana constitution guarantee of free* education. James Zion, ACLU
of Montanta, P.O. Box 1255, Helena 59601, 106-112-3261.
CD1 D9] Henry, v. Holm. U.S. Dist. Ct. Feb. 1981. 13 CHR 226. Whether
school principal physically disciplined a student "in a spirit of anger" in
contravention of state Pupil Discipline Act. Whether there was a violation of
the due process regulations contained in the B.I.A. rules. James Zion, ACLU
of Montana, P.O. Box 1255, Helena 59601, 106-112-3261.
•{H61 Kelly v. Bd. of Trustees of Kalistell School Dist. U.S.. Dist.
Ct. 1978. Sp^Ed. Whether parents of "learning disabled" child can get the
regular classroom teacher to give extra effort and attention to the child
during Dgular classes.
59601, 406-442-3261.
Rosemary Zion, Zion Law Firm, P.O. Box 125 5 f Helena
CHI] McLeod v. Rice . U.S. Dist. Ct. 1978. Decision Apr. 1973, D.
Sp* Ed. Suit for out-of-state residential placement instead of placement in
the local program for trainable mentally retarded children. John Albrecht,
P.O. Box 193* Choteau 59422, 406-466-2621.
CF6] Matter of Pape * Dist. Ct. Gallatin Co. Jan. 1981*' , Whether it
is in the best interest of an exceptionally bright 12 year old, who has a
severe .diabetic condition needing continual treatment, to be excused from .
attending school, where school district is not capable of meeting the child's
acadeadc and medical needs. Peter Michael Meloy; Herron,- Meloy & Llewellyn,"
Securities Bldg./ Helena 59601, ^06-MM2-9 1 *30.
tE4] Heavy Runner v. Bremner. U.S. Dist. Ct. Aug. 1978. Class
action. Suit to compel school boards to teach the Pikuny (Blackfeet) language*
as a living language, to put in substantive, bi-cultura* courses taught in the
Pikuny language, to hire people competent to teach in that language and to pay
them commensurately with their skills.' Action is by third-party beneficiary to
enforce contract between the .federal government and the school system. Sharon
Morrison; Morrison Law Offices, P.O. Box 8687, Missoula 59807, 406-721-1835.
[ft2 H6] Torrance v. Bd. of Trustees of Sweetgrass School Dist. U.S.
Dist. Ct. Aug. 1978. Class action. Sp. Ed. Whether the state has the
responsibility to follow through to see that the handicap act is followed by
the local school boards. Suit seeks mainstreaming and. developing local
resources rather than sending children to a sp^pial school far from home.
Rosemary Zion, Zion Law Firm, P.O. Box 1255, Helena 59601, 406-442-3261.
NEBRASKA
[H6] Ausenbaugh v. Papillion Public Schools . State Dist. Ct. 1980.
Decision 1980, D. Sp. Bd. Whether the- state has to provide occupational
therapy as demanded by state law. James C. Cripe, 1223 Golden Gate Center,
PapilIion~68446, "402-339-8059 • %
[R2] Bouc v. School Dist. City of Lincoln . State Dist. Ct. Lancaster
Co. Oct. 1980. Decision Feb. 1981, P. Appealed to Nebraska Supreme Ct. A
catholic school student sues the school district for bus transportation to
school. The school district argued that such transportation violated state and
federal laws restricting aid to catholic schools. Steven G. Seglin; Crosby,
Guenzel, Davis, Kessner & Kuester, 400 Lincoln Benefit Bldg., Lincoln 613508,
402-475-5131 •
[D3 D9] Braesch v. De Pasquale . State Dist. Ct. 1978. Decision 1978,
P. Nebraska Supreme Ct. 1978. Decision May 1978, D. 265 N.W. 2d 842. Can
the school district exclude students from interscholastic athletic programs
because of alcohol use off campus? Were procedural due process requirements
met even though students admitted guilt? Clayton H. Shrout, 1004 City Nat'l.-
BanK Bldg., Omaha 68102, 402-342-8015*
too
IHO] Brungardt v. Norfolk Publio Schools . State Diat. Ct. 1979.
Decision Mar. 1981, P. Sp. Bd. Whether a state regulation requiring a child
-to be maintained at the same level of education as before- the law existed is
constitutional . Richard E. Mueting; Mueting & Delay, Box 1307, Horfolk 68701,
-402-371-4330.
Burgeson v. Gretna Publio Schools . State Dist. Ct. 1978.
Decision, D. Sp. Bd. Whether the school district oust pay for an emotionally
handicapped child when the child is attending a school certified to help
learning disabled children? Meyer H. Coren; Viren, Epstein, Leahy & Coren,
200 1st West^Side Bank Bldg., 222 S. 72nd, Omaha 68ll4, 402-397-4141.
^ Campagno v. Kebraska School Activities Ass'n. U.S. Dist. a.
Aug. 1978. Decision 1978, D. Whether the N.S.A.A. rule concerning residency
for eligibility purposes, when participating in interscholastic sports, is
constitutional . Bruce Bosburg, 1000 Woodmen Tower, Omaha 68102, 402-342-5550.
[Dl] Conway v. School Dist. Wo. 145 . State Dist. Ct. Oct. 1978.
Decision 1980, P. Whether a student can be subjected to a long term
suspension for the use of drugs off school property but during the time school
was in session. Craig D,. Wittstruck, Box 4554, Lincoln, 407-466-8444.
[HI H5 H7] Diest v. Adams Central Publio Schools . State Dist. Ct. Nov.
1980. Sp. Ed. Whether year round educational placement is appropriate.
Whether the state should bear the education cost. Whether compensator
education afjer 21 is appropriate. Whether student was denied education in the
68847 308 f 234 y 5779 JaOObSen; Jacobsen ' 0pr 4 ^lson, P.O. Box 1220, Kearney
r m ,lll • &S22t v * Region IV Bd. of Directors . State Dist. Ct. Wayne Co.
June 1980. Temporary injunction June 1980 then case dismissed. Sp. Ed.
Whether a region's board of directors can terminate services for special
education without consulting the parents. Whether weekend care for the student
was essential. David A. Domina; Jewell, Otte, Gatz, Collins & Domina, Box
1367, Norfolk 68701, 402-371-4844. '
[D3 D8] French v. Cornwell . State Dist. Ct. 1977. Decision Nov. 1977,
D. Nebraska Supreme Ct. Decision Mar. 1979, D. 276 N.W. 2d 216. Whether
the achol followad state procedures when it suspended a student for alcohol
uso off campus. Whether damages are appropriate for suspended student because
he lost his chance to participate in wrestling competition. H«. E. Hurt, Jr.;
Hurt & Gallant, Pearl St. at 5th St., Scrlbner 68057, 402-666-2597.
[E6] Gehring v. Bennett . U.S. Dist. Ct. Dot. 1980. Settled- 19 80.
Whether a school can prohibit a pregnant woman from playing volleyball in a
eotroetitive setting. Karen B. Flowers; Bauer, Gaiter, Geier, Flowers &
Thompson, 811 S. 13th St. , Lincoln 68508, 402-477-4458.
[H5 H7 3 Goring Pub lio Schools v. Grassmiok . U.S. Dist. Ct. Aug. 1980.
Sp. Bd. Appeal by the school district from a hearing decision that the school
district must provide year-round education for special education child.
Defendants counterclaim for compensatory education past 21. Donn C. Raymond;
Raymond, Olsen & Coll, Box 237, Scottsbluff 69361, 308-632-3811.
_ CH7 ^ Grassmiok v. Gering Publio Schools . State Dist. Ct. Sept. 1980.
Temporary injunction. Sp. Ed. Proceedings to enforce compliance with the
Commissioner of Education's order granting plaintiff a twelve-month education
134
program and special 'Instructor. See Gering case supra . Steven C. Smith; Van
'Steenberg, Brower, Chaloupka, Mullin & Holyoke, P.O. Box 668, Gering 69341,
308-436-3411.
[Dl] Johnson v. School Dist. of Omaha . State Dist. Ct. 1978.
Decision May 1979, Whether a school can expel a child for a school year
for drug use. Michael W. Heavey; Dwyer t 0 f Leary 4 Martin, 810 Woodmen Tower,
Omaha 68102, 402-344-3802.
[D3] Jostes v. Ralston School Dist. U.S. Dist. Ct. May 1979* TR0
June 1979* „ Moot. Whether school administrative officials can forbid a
student to participate in sports competition because of poor sportsmanship.
James T. Boler; Moore & Boler, 312 N. 115th, Omaha 6815", 402-334-8922.
[P2] Ketchum v. Raymond Central School, Dist. Dist. Ct. Lancaster Co.
1980. TRO, then settled. Sp. Bd. Whether children suffering from learning
disability may be expelled from school with normal procedures rather than
special education appeals procedures. Tim Sindelar; Lepal Services <of
Southeast Nebraska, 800 Anderson Bldg., Lincoln 68508, 40?-435-2l6l.
[H2 H6] Larson v. Aurora School Dist . State Dist. Ct. 1978. Decision
1978, D. Sp. Ed. Whether school district must provide education for single
deaf student or whether placement in state school is Appropriate. Edwin C.
Peri4; Perry, Perry, Witthoff & Guthery, 1806 1st National Bank Building,
'Lincoln 6a508, 402-475-2856. t /
[K2) s Lyons v. Sohool Dist. of the City of Lincoln . State Dist. Ct.
Lancaster Co. 1981. Class action. The case is waiting for the decision of
Bouf v. Sohool Dist. of Lincoln , supra . Whether damages are appropriate when
the/ school district has not implemented a program to allow students of
religious schools to ride public school buses. Steven G. Seglin; Crosby,
Guefnzel, Davis, Kessner & ~Kuester, 400 Lincoln Benefit Bldg., Lincoln 68508,
' 402-475-5131 • ,
lHI PI] Monahan v. State . U.S. Dist. Ct. Mar. 1980. Class Action.
Preliminary injunction May 1980. 491 F. Supp. 1074. CCA 8 1980. Decision
c Apk 1981, M. ; Sp. Ed. Suit for placement outside the public schools. The
plaintiff also contests the authority of the Commissioner of Education to
review the hearing examiner's decision. James H. Monahan, 623 Service Life
Blinding/ Omaha 68102, 402-346-1700.
[H2] Monroe v. Scottsbluff School Dist. State Dist. Ct. June 1980.
Sp. Ed. Whether the child should be placed in a special education unit or
"mainstreamed" into the public school system. Dennis M. Coll; Raymond, Olsen
& Coll, P.O. Box 237f- Scottsbluff 69361, 308-632-2151.
[R4] ' Nebraska ex rel. Douglas v. Faith Baptist Church . State Dist,
Ct. 1978. Decision Aug. 1979* P. Nebraska Supreme Ct. decision Jan. 1981, P.
301 N.W. 2d 571* Whether the state can regulate student attendance at a
religious school* Whether, the teachers and operation must be certified by the
state. Harold I. Mosher; Attorney General's Office, State Capitol, Lincoln
68509, 402-471-2682. .
-'[E6 S2] Reisdorff v. Nebraska School Activities Ass'n. U.S. Dist. Ct.
Jan. 1977. Decision 1977, 'IK The student was ruled ineligible by the
association for competing in a non-school meet. Alleges sexual
discrimination. Mike Washburn, * West- Dodge Road, Suite 8420, Omaha 68114,
402-397-2200.
jo;;
/ t
iBl] Richardson v. Bd. of Ed. School Diat.^yj. 100 . State Diat. Ct.
1977. \fc>ciaion, P. Stata Supreme Ct. 1980. Decision 198O, P. 290 N.w; 2d
803* Whether the local school district should pay for a child's education, as
provided by. atate law, when a ohild goea out-of-state to aohool beoause of t;*e
distance to the local sohool. Whether the state law was constitutional.
Edward B; Hannon; Cronin, Harmon & 'Symonds, Box 116, 0'Neill>{68763,
*0?-336-a921. . . ..
[HI] Rose v. Bd^ of Ed. U.S. Dist. Ct. Feb. I98O. Dismissed Oot.
1980. Sp. Bd. .Suit for placement of a dtaf child in a private sohool. The
-court dismissed the suit beoause it was the 'same oase as Monahan above. E.
Dean Hasoall; Hasoall, Jungers & Garvey, 101 W. Mission Ave., Bellevue 68005,
402-291-8900.
* c
[Hi PI] Rose v. State' . U.S. Diat. Ct. Jan. 1981. Sp. Ed. Suit to
terminate federal apeoial education funds to Nebraska for alleged due prooess
violationa. The defense claims this is the same oauae of aotion as Monahan v.
■State supra. Pro se. Defense Attorney is Harold Mosher, Attorney General's
Office, State Capitol, Lincoln. 68509, 102-171-2682.
C'R2] School Diat. of the City of. Lincoln v. Sfc. Mary's Catholic
Qiuroh. Dist. Ct. Unoaater Co. 1980. Withdrawn (and the issues litigated in
the BOUC oaaj). Suit by the Sohool, City an* State for declaratory judgment
oonoernlng their obligationa to provide transportation to students in catholic
schools. Edwin Perry} Porry, Perry, Witthoff & Guthery, 1806 Rational Bank
Building, Linooln 68508, 102-175-2856. £
C H °3 Seldin De velopment 4 Management Co. y. ^Chizak . State Dist. Ct.
1979. Deoision June 1980, D. State Supreme Ct. 1980.- Deofeion Mar. 1981,
P. Sp. Ed. Whether a special eduoation ohild'a part tiilfe vfbrk as a janitor,
in a work study program, was such an integral part of his education that the
employer was exempt from unemployment co*nensation taxes. C. Robert Vote;
Young & White, Suite 201, 10050 Regenoy Circle, Omaha 68111, 102-393-5600.
[R1] Sileven v. State of Nebraska . Dist. Ct. 1978. Deoision D. A
church sohool contests the state requirements for oertifioation of sohools and
licensing of teaohers. Charles Craves; Gibbs & Craves, 6929 W. 130 Street,
Cleveland, Ohio 11136, 216-815-6800.
[Dl D8] Stuja teugh v. Bd. of Ed. of Sohcbl Dist. Ho. 115 . U.S. Dist. Ct.
1978. Abstained. State Dist. Ct. Nov. 1978. Deoision May 1979, F. Whether
a student can be expelled for drug .use off school property, but while school is
-in session. -Also question of procedural due process. Patrioia K. Williams,
Box 82218, Linooln 68501, 102-177-1111'.
[Dl D8] Stumbaugh v. Bd. of Ed. Sohool Dist. 115 . Dist. Ct. Lancaster
Co. Nov. 1978. Deoision May. 1979, P. Whether a student can be expelled for
drug use off school property, bijt While' schools in session. Also procedural-
due nrocess questions. Patrioia^Wi^liams, Box 82218, Lincoln 28501,
102-477-1111.
t
[S2] Teare v. Bd. of Ed. of Grand Island ; «U.S. Dist. Ct. 1977.
Deoision x977, D. The student contests ineligibility for sports for taking
too few olasses. James.A. Kelly, Hall County Courthouse, Grand Island 68801.
308,381-5135. ,
1
NEVADA
[SI] Gibbs v* Clark Co, School Dist . Dist. Ct. Clark Co, 1979,
Settled, Suit contesting the school 1 * determination that plaintiff was
ineligible to play sports after changing schools. Peter C, Bernhard;
HHbre$ht, Jones, Schreck & Bernhard, 600 'East Charleston Blvd.. Las Vegas
89104, 702-382-2101.
[D3] > Cbrdon v. Nevada Interscholastic Activities Ass'n . Dist. Ct.
Clark Co. 1979- Injunction granted. . Suit contesting school board 1 s
suspension of student from sports for disciplinary reasons. Thomas L. Pursel,
520 South Fourth Street, Las Vegas 89101, 702-382-7577.
[SI] Guinn v. Clark Co. School Dist . Dist. Ct. Clark Co. 1980.
Decision Sept. 1980, P. Nevada Supreme. Ct. 1980. Sui* contesting the
school's determination that plaintiff is ineligible to play sports after ■
changing schools. Peter C. Bernhard; Hilbrecht, Jones, Schreck & Bernhard,
600 East Charleston Blvd., Las Vegasg|&r04, 702-382-2101.
t D 3 D9] Harrowa Vv Washoe Co. School Dist ., Dist. Ct. Washoe Co. 1977. ■
TRO, then settled. A girl's suspension from athletic activities h>r marijuana
'possession" is contested oh the grounds that the hearing procedures violated due
-process. Donald K.- Pope, 275 Hill Street, Suite 26, Reno 89501, 702-329-0453.
[H7] Krandall v. Nevada State Bd. of Ed . U.S. Dist. Ct.-Aug. 1979.
Class actiorfT Withdrawn Oct. 1980. 13^CHR 695. Sp. Ed. Suit for full year
education fo'r handicapped children. James M. Stuart, Department of
Transportation, 1263^, Stewart Street, Carson City 89712, 702-885-5420.
[SI] Mason v. McFarland . Dist. Ct. Clark Co. Dec. 1980. Decision
Jan. 1981-, D. Sports eligibility after changing schools; whether private
school actions are state actions. Darrell Lincoln Clark; Clark and Zubel, 302
East Carson Street, Las Vegas 89101 r 702-382-5963. 0 ,
[SI] Pursel , v. Nevada Interscholastic Activities Ass'n . Dist. Ct.
- Clark Co. Oct. 1977* Decision 1977, P. Contesting students' ineligibility
for sports for one year after mpving to public school on groynds that the rules
were more lenient for students moving from public to private schools than those
moving from private to public schools. "Thomas L. Pursel, 520 South Fourth
Street,' Us Vegas 89101, 702-382-7577*
- CHI] Rau v. Clark Cc, School Dist . Dist. Ct. Clark Co.. Nov. 1980.
Decision Nov. 3980, P. Sp. fed. The child was granted placement in an
out-of-state school, ana suit 'was brought to force the school district to pay
the tuition (after the out-of-state school threatened to dismiss the child for
nof paying tuition). Robert Massi, 3407 West Charleston Blvd., Las Vegas
'89102, 702-870-3416.
. C 31 3 Spilotro v. McFarland . Dist. Ct.' Clark Co. 1981. Decision Apr.
1981, D. Contesting rule stating that students are ineligible for sports for
one year after changing schools. Thomas F. Pitaro, 3407 West Charleston
Blvd., Las Vegas 89102, 702-870-3416.
[H5] Thiessen v. Sanders . Dist. Ct. Washoe Co. Mar. 1981. Sp. Ed.
Whether state law, requires the state to provide special education for children
under three years old. Henry Cavallera, Law Center for the Disabled, Box
v 1608, Reno 89501, 702-323-0777. .
' ' . 132 137 ■
jfec
; x /Mitts V, dark Co. S chool Dist . Dist. Ct. Clark Co. 1980.
. f^^** 00 . 19 l°» th «« settled. • Contesting suspension from school for
/ ■'W&&&9 > "sences, alleging that notice of rights at the hearing was
Uf^!: Jf? °; J!*' 08 ! MiU8 ' Gallihep » L "*°™. Gibson, Schwartzer, and
ajinehoase, 316 E. Bridger Ave., Us Vegas 89101, 702-386-0030.
m ; -
NEW HAMPSHIRE
SetSd WSf School Administrative Unit 40. U.S. Dist. Ct. Jan. 1980.
u££t rt fif K ?if;„ Sp ;, Bd ' Whether 21 dfl y suspension of a student with
leaming^isability would amount to a change in placement under 94-142. Ron
Lospennato, D.D. Advocacy Center, P.O. Box 19, Concord 03301, 603-228-0432.
'•J*m u„ J K &£i**tak U>S - Di8t * Ct ' Apr ' 1978 ' C1 »3S action.
5^*?' Mhe i ne f ^ ne 90 handicapped^ohildren at the state institution in
JL?*! !" aPPwP^^e education in the least. restrictive setting. .
Sl^^I^. Pe U8al Assistanoe »' Ino -» 136 N. Main St., Uncord
: » iC ^.?i jfa re Richard K. Dist. Ct. Hooksett, 1979. Decision June* 1979-
P. ELB 909. EHLJ 551:192. 13 CHR 394. Superior' a . Merrim^c to. S??. *
£S £e tllL 19 ** ' r a , 0ate i DiSt ' Ct ' deo ^ sion "> r ia <* of Jurisdiction. Sp.
S«*2?J L K 6a ? * deoision den y in « educational placement in a neglect
S?iT?i^L S! 5 6r P^enent can exceed 180 days. Attorney for defendant-
^ori%f 30 ;.To^333l W Ha ° PShire U8al AssiStanoe » *»•• 136 N. Mainlt.,
^[D8] Keliey. v." Johnson. U.S. Dist. Ct.- 1977. DecisiSto i-978 P
Whether a student; had duTpwoS.. on his. suspension hearing? 3Sed l!
603-926-8926! ^ "* MoDerm - ott 4 P ' C /» m Lafayette Rd., Hampton 03842,
-i
loJS 93 IM UO S 1 ? u SOfa001 Pl8t \ v< Sta/ eBd. of Ed. Superior Ct.°Feb.
made aii&ifV fjf her Payments for special education by the state should be
made directly, or through the school district, and what proportion of special
education costs the sohool distriot should pay. Bradley F/ Kidder:
6of524 n 4l2l L ° Pdf ****** * Killke H y » P '°- *> x 1 8Q » Laeonia 03246,
SetSJ SB i fr^.T; P 10 ^ 80 "; U,3> Dist> Ct ' VFeb - "78. Class action.
™"i ed V , Sp ; 8(1 ? Suit t0 °0»Pel the school districts to pay the costs of
residential placement of handicapped children and to compel the state to pay
.03820? 60*3- 7888. M ° ManUS; MCMarUS 52 Old Rochester Rd., Dover
, JS 83 / Mold v. Wakefield Sohool Dish. Superior Ct. Carroll Co Auc '
1980. Decision Dec. 1980, P. New Hampshire Supreme Ct. *n. 58. Sp. Id.
Whether the school district is required to provide transportation over a
ulillSlTZ 5a ndl °aPPed children. Donald F. Whittum; Cooper, Hall &
Walker, 76 Wakefield St., Rochester 03867, 603-332-1234.
133
138
\
[B6] Martin v. Nashua School Dist. Superior Ct. Hillsborough Co, Nov,
1979* Whether a girl had the right under the state equal rights statute to
try out for the football team, and for damages. Robert E. Bowers, Jr.;
McSwiney, Jones & Semple, Main St., New London 03257 , 603-526-6955.
[Bl] Mathieu v. Fortin . Superior Ct. Merrlmao Co. Mar. 1980. TRO
Apr. 1980. Decision May 1980, P. Action for injunction and damages for
school's failure to abide by its rule that children properly enrolled in school
may complete the year even if their residence is moved out of the school
district* Terrie Harman; Myers & Laufer, 4 Park St., Concord 03301,
603-228-1151.
[PI] Allison N. v. Hanover School Bd .w U.S. Dist. Ct. Nov. 1980.
Class action. Sp. Ed. Whether school board ns the right, under 94-142, to
review the PPT recommendations and reverse them? Ron Lospennato, DD Advocacy
Center, P.O. Box 19i Concord 03301, 603-228-0432.
[F6] Peiroe v. N.H. State Bd. of Ed. New Hampshire Supreme Ct. Mar.
1981. Whether parents can educate their seven year old son at home. Whether
they were denied due process by the local* school aboard which failed to
cooperate, as required by statute and regulation, and failed to specify what
the board thought would be the deficiencies, in the child 1 s home education.
Robert M. Larsen; Sulloway, Hollis & Soden, 9 Capitcl St., Concord 03301,
603-224-2341. '
[B3 D7] Rose v. Nashua Bd. of Ed. U.S. Dist. Ct. Dec. 1980. Class
action. Decision Feb. 1981, D. CCA 1 Mar. 1981. Whether temporary
suspenslQDLpf school bus routes, without a hearing, as a disciplinary measure
for disturbances on the bus, denies plaintiff procedural due process— public
transportation to and from school being a protectable property interest under
state law. Whether substantive due process is denied by^^cipliaingjall for .
the behavior of one or two. Kris E. Durmer; Kahn, Brown & Bruno, 127 MairP~
St., Nashua 03060 603-882-1600.
[F2] Salvia! v. Nashua Bd. of Ed. U.S. Dist. Ct. 1978. Class
action. Decision May 1979i P. ELB 988. Challenge to removal of Ms. magazine
from school library. Stephen E. Borofsky, The Legal Clinics, 221 Hanover St.,
Manchester 03104, 603-625-6441. .
[F6] . Tompkins v. State . Superior Ct. Cheshire Co. July 1979-
Dismissed without prejudice 1980. Challenge to strict interpretation of
compulsory attendance law which limited possibility of home education.
Michael A. Fuerst, New Hampshire Legal Assistance, £0 Tremont Square, Claremont
037 4 3 , 6 0 3-5 42-8795.
NEW JERSEY
[01] Armstrong v. Bernardsville Bd. of Ed . Superior Ct. Somerset Co.
May 1981. A girl contests denial of admission into the National Honor Society
and sues to force the schools to provide reasons for the denial including
school's student records. Richard Schachter; Schachter, Wohl, Cohn &
Trombadore, 45 E. High Street, Somervi^le 08876, 201-722-5700.
134
[EM] Barrios v. Bd. of Ed. of the Vooational Sohool in Camden Co .
U.S. Diat. Ct. Oct. 1980. Class aotion. Settled. Plaintiff oharged
discrimination against limited-English-speaking students in vooational sohool
plaoement tests and admissions prooedures, under Title IV and the Fourteenth
Amendment. Kathryn A. Brook, Eduoation Law Center, 155 Washington St., Newark
07102, 201-624-1815.
t Q1 J Bd. of Ed. Branohburg Twp. Somerset Co. v. Bd. of Ed. Borough of
Somerville. Somerset Co. Superior Ct. Appellate Div. Deoision Apr. 1980, D.
114 A. 2d 259. Appeal from state board's deoision denying the request of
plaintiff to terminate established sending-reoeiving plan and to build its own
high sohool. Wm. B. Rocmberg; Blumberg, Rosenberg, Mullen & Blumberg, 35 N.
Bridge Street, Somerville 08876, 201-526-5400.
_ t01] Bd. of Ed. v. Caffiero . Superior Ct. Middlesex Co. 1979.
Deoision 1979, D. Appellate Div. 1979. Deoision J979, P. Suit against
parents for money damages for vandalism to sohools by ohildren, under a New
08903* 201-846*5500 aVid B * RUbin ' 101 Streeb » 8081 311, New Brunswiok
„ CD5 ,?J2 m v « North Bruns wiok Bd. of Ed. Superior Ct. Middlesex Co.
Nov. 1980. Temporary injunotion Nov. 1980. Deoision Deo. 1980, D. . Student
contests suspension for possession of marijuana, olSaim^ng that the searoh of
the student was without probable oause and that the prinoipal had deoided the
suspension before a hearing was given. Nioholas J. Stroumtsos, 53 Paterson
Street, New Brunswiok 08901, 201-828-8700.
[D8 E2 P2] Evans v. Ed. of Ed , U.S. Dist. Ct. Apr. 1980. Class aotion.
ELB 1006. 14 CHR 470. Charging laok of due prooess* hearings on suspensions.
Charging raoial discrimination and laok of equal proteotion in disciplinary
matters. Alleged failure to develop IEP. Joyoe Miller, Camden Regional Legal
Servioea, 98 Nl Pearl Street, Bridgeton 08302, 609-451-0003.
t E5 J • In re Freida Criohfield Tr^iatl Superior Ct. 1980. Deoision Nov.
198Q, P. Whether girls are eligible for a scholarship established under a
private trust. This is a suit by the sohool to ohange the trust instrument's
olause stating that only boys oan reoeive the scholarship. Miohael A.
GuarigUa; MoCarter & English, 550 Broad Street, Newark 07102, 201-622-4444.
[D23 Haight y. Midland Par'k'Bd. of Ed . U.S. Dist. Ct. May 1978.
Deoision July 1978, D. Student oontests the polioy of reduoing grades for
excessive absenoes. Robert Sokoldski, 405 Franklin Turnpike, Mahwah 07430.
[HI] Leyine v. State Dept. of Institutions and Agenoies . Superior
?«« ^° i8 tS IfS III 6, t 387 * ,2d 399 * AD P« llate Div. 1978. Deoision July
1978, D. 390 A. 2d 699. New Jersey Supreme Ct. 1978. Deoision June 1980, D.
418 A. 2d 229. Sp. Ed. Whether the free eduoation olause of the New Jersey
constitution means that financially able parents are to be relieved of the
oosts associated with total residential oare. David L. Rutherford; Miohael, J.
Mella, P. A. , 20-01 Maple Avenue, Fair Lawn 07410, 201-794-0022.
\
135 140
[PI] Lipp v. Morris. U.S". Di3t. Ct. June 1977. Decision Oct. 1977,
P. CCA 3 1977. Decision Aug. 1978, P. Whether requirement of state statute
that persons stand at attention to show respect to the flag while the pledge is
given is unconstitutional. Student plaintiff was threatened with discipline
for remaining seated. Constance Hepburn, address unknown.
[F5] Mazzeo v. Clifton Bfl. of Ed. Superior Ct. Passaic Co. Nov.
1980. Temporary injunction Nov. ,1980, then> settled . Suit to permit a boy
into school without taking the tuberculosis test required of all students; the
parents claim that the child would have epileptio seizures if given the test.
Mark Geaohwer,, 442 Main Street, Fort Lee 07024, 201-461-7445.
[D5] Owens v. Pi so a ta way Bd. of Ed. Superior Ct. Middlesex Co. Mar.
1980. Deoision Mar. 1980, P. Student oontests suspension for possession of
marijuana, claiming that it was found in a search oonduoted without probable
oauso. Fredrick A. Simon; Rosenberg & Simon, 1254 Rt. 27, North Brunswiok
08902, 201-846-6300.
C pi 3 r Piokens v. Atkinson . U.S. Dist. Ct. Feb. 1977. Deoision Aug.
1977, M. Student editors sued for injunction against high sohool principal
who v had forbidden distribution of sohool paper and suspended the editors.
William F. Harrison, 70 Alexander Ave., Upper Montolair 07043, 609-894-9542.
CBl] Pisoataway Twp. Bd. of Ed. v. Burke . Superior Ct. Middlesex Co.
July 1977. Appellate Div. deoision Apr. 1978, D. 386 A. 2d 439- Contesting
the state eduoation commissions direotive requiring sohool boards to submit
desegregation plana. David B. Rubin, 101 Bayard Street, Box 311, New
Brunswiok 08903, 201-846-5500.
[D8] Re id v. Bd. of Ed. Twp. of Hamilton . Superior Ct. Appellate Div.
Oct. 1979. Decision Nov. 1900, affirmed ruling. The school board appealed a
ruling by the state Coaanissioner of Eduoation that it must grant a de novo
review of a student suspension. Henry. F. Gill, 3131 Prinoeton Pike, Trenton
08648, 609-896-2414.
101] Ruoker v. Bd. of Ed. of Kinnelon High Sohool . Superior Ct. Deo.
1980/ A student sue* sohool officials for damages for unlawfully seleoting
another student (a son of a Member of the board of eduoation) as
valedictorian. Pro se.
[HI] Spiro v. Bd. of Ed. of Rookaway Twp. Superior Ct. Deo. 1977.
Deoision Deo. 1978, D.> ELB 632. Sp. Ed* Aotion for damages for alleged
failure to properly olaasify handioapped ohild and for failure to provide free
and appropriate educational program in accordance with state statute. Also to
reimburse parents "for their oost in sending ohild to a sohool that Department
of Education had ordered ohild be sent to. Nancy Heath, Eduoation Law Center,
155 Washington St., Newark 07102, 609-455-8558.
[D8] Yanakl v. Neptune Bd. of Ed. Superior Ct. Monmouth Co. 1981.
Deoision 1981, D. Father oontests his son's suspension, olaiming laok of
notice before the hearing. The oourt ruled that the plaintiff must first
exhaust administrative remedies by appeal to the State Department of
Eduoation. Pro se.
136
NEW MEXICO '
t
[03 09] Brannan v. Lordaburg School Bd. uiS. Diat. Ct. Jan if 81.
Students oonteat taaporary suspensions/from all extraourrioular activities,
oUi»ing laok of notioe and no opportunity to answer ohargea. Peter A.' Keya,
Box 1803, Silver City 88061, 505-388-2521. .' m *
[HO H6 P2] Duran v. Martinez . U.S. Diet. Ct. July 1979. Settled. Sp.
Ed. Charging a aohool diatriot-and aohool officials with harah physical
diaoipline of haudioapped ohildran, denial of due proooaa, failure to properly
train auperviaora and teaohera, and ST conspiracy to maintain a pattern of
discrimination againat the handioapped children. Stephen G. Farber, P.O. Box
2473, Santa Fe 87501, 505-988-9725.
s
[01 D4] Groseolose v. Padllla . Diat. Ct. Chaves Co. June 1979. Action
by student, againat aohool principal, alleging threats and physical force.
Principal suspended atudent for the rest .of the year, which made student repeat
olasses the next semester. Student sought injunction, actual damages and
r^risn^ Aibert t - c ° chran - >•<>•■ ■«
4* ?• 222iaL- u - s - Wst. Ct. July 1980. Alleged failure
8750n V 505-988i972l! adu0ation - Strumor, P.O. Box 389, Santa Fe
\ J£ 2 "JJ „„» S halla v * Albuquerque Publla School Plat . U.S. Dist. Ct. June
1979. 13 CHR 391. Sp. Bd. Whether there is- a racial bias in the sohool's
classification of children as mentally handioapped resulting in
°* ,r " r * pp * Mntation of Binorit y children in special education classes. Also
whether the school followed its own procedures and standards in evaluating
plaintiff and thus misolassifiad hia. -Ellen Souberman; Legal Aid Society of
ViWQuerque, 505 Marquette N.W., AXbuquerque 87102, 505-243-7871.
'J? J 8 * Zarnora v; Pomeroy. U.S.- Dist. a. Aug. 1977. Deoision July
i^LJ'.i 0 , 10 l? 79 ;.. 0001810 ? Jam 1981 ' D ' 01,6 P rooess on ^pulsion.
Whether school authoritiea are in loco parentis in searching lookers. Transfer
to inferior school as a denial of rights. Antonio V. Silva; Southern New
Mexicc Lega^ Servioes, 413 W. Griggs, Us Cruoes 88001, 505-526-4451.
NEW YORK
nM ^™ ^il* 18 A « v ' Bd. of Ed. C ity Sohool Dist. New York Citv. Supreme
ct. Apr. 1977. Class aotion. Deoision Apr. 1977, M. Preliminary
injunction. Sp.. Ed. Procedures concerning individual hearinga for
approximately 400, students being transferred by New York City Board of
WlS 212-687^2233 l Reba11 '* and ^ ieger ' 2 *° Hrk Avenue » " ew Xork
,J? 3 ." —frlr - v ' AmbaSH- U -S. Dist; Ct. S.D. 1979. Decision Deo.
1980, P. CCA 2 1981. Sp. Ed. Handioapped child's right of pendenoy: does a
handicapped child have the right to remain in his current private sohool
educational plaoement, where he waa.plaoed by the State Education Department.
t&H&fe&l&'Jj^^ih&^l^ - y *- -* 'ty*^
when the state removes private school from approved list? Charles Davis, 20
Squadron Blvd., New City 10956, 914-638-1000 •
[H3] Acosta v. Bd. of Ed. City School Dist. New York City . Supreme
Ct. May 1978. Class action. Settled. Sp. Ed. Whether school district has
the right to dismantle present programs of petitioner children and re-locate
the students in the middle of the term. Michael A. Rebell; Rebell and -
Krieger, 230 Park Avenue, New York 10169, 212-687-2233.
[H3 PI] Ad Hoc Committee v. New York City Bd. of Ed. U.S. Dist. Ct. S.D.
Jan. 198O. Class action. 14 CHR 53* Sp. Ed. Contesting, on 94-142 and due
process grounds, the transfer of an occupational training service program from
• a training center to a public school. Paula Hepner, Advocates for Children of
New Yo-»k, 29-28 4lst Ave., Long Island City 11101, 212-729-8866.
[H6] Andres v. Buffalo Bd. of Ed . U.S. Dist. Ct. W.D. June 1980.^
Class action. Sp. Ed. Whether trainable mentally retarded students are
receiving an appropriate education. Bruce- A. Goldstein, 800 Genesee Bldg. f
Buffalo 14202, 716-854-7525.
[HI] Appel v. Ambach . U.S. Dist. Ct. S.D. Sept. 1978. Sp. Ed.
Whether the student needs to be placed in a residential setting. Michael
Rebell; Rebell & Krieger, 230 Parlt Ave., .New York 10169, 212-687-2233.
[P2] Apter v. E., Ramapo Central School Dist. Supreme Ct. Rockland Co.
Oct., 1979. Settled. Sp. Ed. Whether a handicapped child can be suspended
for acting out behavior related to the handicapping condition. Charles Davis;
Dubbs, Leopold, Davis & Podwin, 20 Squadron Blvd., New City, 10956,
914-638-1000.
[HI PI] B^ v. Ambach . U.S./J)ist. Ct. E.D. Nov. 1979. Settled. Sp.
Ed. Suit for reimbursement for private placement; allegations that the
Commissioner of Education did not act on plaintiff's petition within the
required 60 days. Joel Lieberman, Community Action for Legal Services Inc.,
186 Joralemon Street, Brooklyn 11201, 212-852-8888.
[Bl] Baleno v. Maine-Endwell Central School Dist. Supreme Ct. Broome
Co. Mar. 1981. Suit for damages and injunction to reinstate a girl, after
repeated short-term suspension by the principal. Plaintiff claims that the .
school is circumventing the requirements for a hearing and that it is trying to
force the girl into B0CES classes for the haftdicapped. Ronald R. Benjamin,
'Midtown Mall, Sifite 402, 15 Chenango Street, Binghamton 13901, 607-772-1442.
[HI H9] Bazil v. Ambach . Supreme Ct. Albany Co. June 1980. Decision
July 1980, D. Sp. Ed. School board contested the state f s approval of
in-state services for an autistic child (paid for by the school) and withdrawal
of approval of out-of-state school (paid for by the state) Where the child had
b.een. Albert D'Agostino, 75 Soul Central Ave., Valley Stream 11580,
516-872-0909.
[HI] Bevilacqua v. Bd.'of Ed. of Niagara Falls Schools . U. So Dist.
Ct. W.D. July 1979. Sp. Ed. Contesting Board's refusal to place child in
private facility and to pay tuition retroactiyely . Professor Gerald P. Seipp,
Univ. of Buffalo School of Law, 507 John Lord O'Brien Hall. Buffalo 14260.
716-636-2167.
[D2] Blackman v. Kingston School Bd . Supreme Ct. 1978. Decision
Sept. 1978, P. Student suspended apd received a failing grade. Challenge to
143 138
right of school to fail a child for cutting classes. Alan N. Sussman: Ricken,
Goldman, Sussman & Blythe* 185 Fair Street, Kingston 12401, 914-339-3050.
. tf 1 ? . Bd. of Ed. City School Dist. Newburqh v. Nyquist . Supreme Ct.
decision D. Appellate Div. decision July 1979, D. 419 N.Y.S.2d 282. Whether
Commissioner of Education (the defendant) can order pupil reassignment to
mitigate de facto segregation. Whether the court can rely on the
psychological, sociological and educational assumptions on which the plan was
SeTJork tmZ^W*^' ^ * Sh6in ' 40 WeSt 57th Street '
VA C PL e . Bd» of Ed. Community Soho oi Dj 3 t. 29 Queens Co. y. Bd. of Ed. New
York City SohoolJ)i3U Supreme Ct. i960. Decision 1950, P. 43 3 N.Y.S.2d
309. Plaintiff contended that the NYC Chancellor's decision to close a school
^fh^? 6 ! 6 ^ 1 ^!? ° n ^ he request of the U ' S - 0ffice of Ci vil Rights and was
without an educationally sound Justification. Lawrence W. RtficD; Winick,
'S^tSti^/'^' RelCh * Hoffnan » 1415 Kellun » Place, Garden City 11530,
ftf [ !fJ„ c u Bd. of Ed. <d Community Sohnm oo 9, . gq. v# B d. of Ed .
Sl«£?L.y? >1 i2f, t '.i 0f & tY ° f fc gjaEfc' Su^gii Ct. Queens -^, i 960.
S?-* 980 ',?- t A W lat « J**- decision 1981, D. Plaintiff contended
l^lvl L Chancellor's Wond decision to close a school was entirely based
Hi q 1 U f St ° f i h ! U,S * ° ffice of Civil - Ri « hts and wa * without an
educationally sound Justification. Lawrence W. Reich; Winick, Ginsberg,
Ehrlich, Reich & Hoffman, 1415 Kellum Place, Garden City 11530, 516-741-5533. •
p n H9 Lv ...,.. Bd ' f '?* Ed< * VillaffA ^ h " 1 v * Hufstedler . ' U.S. Dist. Ct.
, !' „ S f' M * Sch001 board sued tne Apartment of Healtn-4 Human
fh» V ^! rl r f S* d iLi? P™*" 6 special services for a handicapped child claiming
tnat-the Department ordered these services without supplying funds. Kevin
« am ^l *£J etpeau 4 Pelletreau, Box 110-20 Church St., Patchogue 11772,
Jf 83 u. W8W Y ° rk Citv M - of M - U ' S - D is fc - S.D. Class
2221!;. ^ 198 ?* Preliminar, y injunction May 1980. 14 CHR 471. Suspended
students allege due process violations by the board in failing to afford timely
hearings and adequate notice of allegations, and allege bias by the hearing
oriioer. Frances Pantaleo, Advocates for Children of New York, 29-28 4lst
Ave., Long Island City 11101, 212-729-8866.
«* CH y r „ ^T 2 ^ 7 * M^SSh- u - s - Dist. Ct. W.D. May 1980. Class action,
sp. Ed. Lack of a Board of Cooperative Educational Services (a cooperative
agency among school districts,) to provide services for handicapped children.
Bruce Goldstein, 800 Genesee Bldg. , Buffalo 14202, 716-854-7525. QaiXaren '
n<^ 33 ~ „ n Br * ndon v * Mm of Ed - G "ilderland Central Sohooi Di «t. U.S.
foj \ofin n £S\ l9 I 9- * cision *P p - WO. D. CCA 2 May 1960T Decision
Nov. 1980, D. 487 F. Supp 1219. Whether a school can deny a student's
request to use, immediately before the school day commenced, a classroom for
prayer meetings. Damages requested. Robert Destro, Catholic League for
5l 6 i-f89!Si?o' iVil Ri8htS * U00 W6St WeUS St " ^il^^ee , S2oJS?5»S.
CD8] fcumfielg; y. Bd. of Ed. of Ro chester Citv School Dist. Supreme
Ct. Monroe Co. Dec. 1979. Class action denied. Whether the school district
oan hold suspended students in "Tutoring Center" for 2-6 weeks before their
long-term, suspension hearings are held (claimed violation of H.? sSpeSSion
139
and disciplinary transfer law and 14th Amendment)* Whether the school's
short-term suspension procedure violates due process.. Hanna S. Cohn, Monroe
County Legal Assist. Corp., 80 W. Main St., Rochester 14614, 716-325-2520, and
Elizabeth L. Schneider, Greater Upstate Law Project, 80 W. Main St., Rochester
14614, 716-454-6500.
[S2] Burtt v. Nassau Co. Ath. Ass'n. Supreme Ct. Nassau Co. Oct.
1979. Decision Oct. 1979, D. 421 N.Y.S. 2d 172. No athletic season because
of teacher strike; student repeated 12th grade in following year, but
Association ruled him ineligible because of 4 year rule. Allan Azzara, 210
Old Country Rd., Mineola 11501, 516-741-3560.
[H6>] S Bushey v. City of Buffalo Bd. of Ed. U.S. Dist. Ct. W.D. 1981.
Class act^oiw^ Sp. Ed. Complaints of an excessive waiting list of handicapped
children inBul'faip. Bruce A. Goldstein; Serotte, Harasym 4 Reich, One
Genesee Street, Suite 800, Buffalo 14202, 716-854-7525.
[D4] James C. v. Scutt . Supreme Ct. Allegany Co^ Feb. 1980. Decision
D. * Whether the school district's corporal punishment policy violates the due
process clause of the New York Constitution. Whether the school board has
statutory authority to authorize use of corporal punishment. Seth Haben,
Southern Tier Legal Services, 56 Liberty St., Bath 14810, 607-776-4126, and
Elizabeth Schneider, 80 W. Main St., Rochester 14614, 716-454-6500.
[H8] Mitchell C. v. Bd. of Ed. of City School Dist/ of City of New
York . Supreme Ct. Appellate Div. decision Jan. 1976, D. 400 N.Y.S. 2d 571#
Supreme Ct. Appellate Div. decision Apr. 1979, D. 414 N.Y.S. 2d 923* " Sp.
Ed. Whether school district could change the bus schedule for handicapped
children going to private schools. Dennis C. Krieger; Rebell & Krieger, 23
Park Ave., New York 10169, 212-687-2233. : , ; '
i
■ [D8] Carey v. Savino . Supreme Ct. Allegany Co. 1977. Decision July
1977, P. Contesting expulsion for truancy, alleging that one day's notice of
the hearing is inadequate and that the notice was incomplete. Paul M. Ryther,
Southern Tier Legal Services Inc., 56 Liberty Street, Bath 14810, 607-776-4126.
[S2] Caso v. New York State Public High School Ath. Ass'n. Supreme
Ct. 1980. > Decision 1980, D. Appellate Div. decision 1980, D. 78~^App. Div. 2d
41. Student contests defendant's ruling of ineligibility for competing in a
non-school gymnastics meet.' Dennis O'Haraj 0'Hara 4 0'Hara, 1020 Seventh
North Street, Liverpool 13088, 315-451-3810.
[D8] Cervatftes v. Salmon River School Dist. Supreme Ct: Oct. 1978.
Decision Jan. 1979, P. Suspension without due process. Jerry C.^Leek, North
Country Legal Services, 80 E. Main St., Canton 136i7, 315-386-4586/
[E4] Cintron v. Brentwood Union Free School Dist. U.S. Dist. Ct. E.D.
1977. Class action. Decision Jan. 1978, P. 455 F. Supp. 57* Suit to
improve the school's bilingual education program. Robert Hermann, Puerto
Rican Legal Defense & Education Fund, 95 Madison Avenue, New York 10016,
212-488-3323*
[HI] « Committee on the Handicapped v. Ambach . Supreme Ct. Nov. 1980.
Appellate Div. Jan. 1981. Sp. Ed. Contesting the Commissioner of Education's
change of classification of a handicapped student who was attending a private
institution at state expense. Hyman Herman; Abrame & Herman, 163 Half Hollow
.Rd., Deer Park 11729, 516-667-6330.
4
.[!g'P;i Concerned Parents and C itizens for Continuing Ed. at Maiool n X v.
n!?: Y ? ^ ty g§-5L&> U'S. Dist. Ct. S.D. Nov, 1979- Class aotion.
W&^' 19 !°* I! 551{5 ? 5 * 14 CHR ^6* 767. CCA 2 1 9 80. Decision
Jujy,*980 f D. Sp. Bd. Whether 94-142 notice and hearing are necessary when
handicapped students are transferred upon the closing of their school; i.e.,
whether there was a change in "educational placement." James Francis, Legal
Aid Sooiety, 11 Park PI. , New York 10C07, 212-227-2755.
*
1Q J? S] o o rH 222 - X* ^Sre- Supreme Ct. Oratige Co. 1977. Decision Aug.
'J J' 735, 1X16 P*" 00688 challenge to suspension's, claiming failure to
provide an adequate record of hearing. Laura Zeisel, Mid-Hudson Legal
Services, Inc., P.O. Box 590, Newburgh 12550, 914-5 61-7040.
. CB2 ?«,« » °? rlias v# Soipmon. Supreme Ct. 1979. Class action. Decision
52i*ii?I!\!*:w ApP ? 11 ? te D£v< 1980 - ^^on May 1980, D. 427 N.Y.S.2d 868.
Challenge to the closing of .school for budgetary reasons.' Whetner board's
decision was arbitrary or capricious. Stephen M. Saiand, 309 Mill Street,
Poughkeepsie 12601, 914-452-2420. ' ww,
ER1] Oirtin v s . Christner . U.S. Dist. Ct. W.D. Oct. 19 80.' Whether
.i!.?!! e ! pt °? 4 ? *** York statut « 8 from immunization, on religious grounds,
should be extended to atheists and conscientious objectors. David G. Jay
Jay, Klaif & Morrison, 1032 Elliott Sq., Buffalo 14203, 716-856-6300.
^ CH1 ,«in ^^r^** Maine-Endwel l Central School D<«h . Uf S. Dist. Ct. N.D.
S*?;^ 980 ; Deoision May 1980, D. CCA 2 1 9 80. Decision Dec. 1 9 80, D.
Petition for certiorari to U.S. Supreme Ct. Mar. 1981. Sp. Ed. Parents
contest classification of child and wish the child placed in a residential
facility. The court rutol that administrative remedies must be exhausted.
ssstSrSwi. ?!RY2^t2? Janin * * 02 ' Midtown * ii > 15 ~° St "
Mar H \ ] Q80 D ^Sk'^v j^iST* 0 ? Family Ct. 1979. Decision
Mar. 1980, D. i»25 N.Y.S. 2d9W. Sp\ Bd. Whether handicapped -child plaoed
ii°.f!f °f ™ reconn8ndati on of the School district Committee was placed by
E^ a i 4 in whicn oa8e Paints should contribute. Gary L. Lipton. 1^4
Milford Lane, Suffern 10901, 914-357-8587. / ^'
n-i^oftn n Pifa v. Maoohiarola. U.S. Dist. "Ct. E*D. Oct. 1980. Decision .
wee. 1980, D. Sp. Ed. Parents charge th«^ the state violated 94-142 by
cancelling the contract with the private scnool attended by child. Peter
•Brown; Brown 'A Raysman, 36 W. 44th St., New York City, IOO36, 212-944-1515.
[E3J Doe v. Bd. of Ed. Long Beach City Soh o^ Wmt. Supreme a.
Nassau Co. Nov. 1977. Class Action. Consent dec^"~7S7~ELB 671. Whether
children of aliens who have not registered with tht- . Immigration and
naturalization Service should be permitted to at'- , -r,lic schools. Whether
children of aliens. who have so registered she 1 ; .» ^g 9 d tuition as
non-residents. Carl J. Nathanson, Nassau Co. .. « .-w^ce, 91 N. Franklin St.
Hempstead 11550, 516-292-8100. 'ramuin St.,
CA2] Donohue v. Copiague U nion Free School di m-.. Supreme Ct. Suffolk
^; a 19 ! 7, , Deci8 * on » D - 1408 N.Y.S. 2d 584;, Appellate DivT 1978. Decision July
1 ZV\\« 07 N i\ s : 2d T: ci - of Appeals - Decision Jun * w** ». 391
1352. Whether student can maintain a cause of action to collect
damages for being graduated, from high school with poor comprehension and
understanding of written English- "educational malpractice." Sidney R. Siben;
Siben A Siben, 90 E. Maine St., Bay Shore 11706, 516-665-3400.
. - ■■ m : us -
t
[HI] IXibner v. tobaoh. Supreme Ct. Albany Co* Nov. 1978* Decision
May 1979, P. Appellate Div. decision Mar. 1980, M. 426 N.Y.S.2d 164* a. of
Appeals decision Feb. 1981, M. Spu Ed. Parents request reimbursement for
cost of placement in an out-of-state^blic school, and for continued placement
in the school, after the state refused to certify the school. Charles Davis;
IXabbs, Leopold, Davis & DePodwin, 20 Squadron Blvd., New City 10956,
914-638-1000.
[HO E4] Dyroia v. New York City Bd. of Ed . U.S. Dist. Ct. E.D. Oct.
1979* Class. action. Sp. Ed. Need for special education for handicapped-
bilingual children. (Consolidated with Jose P. v. Ambaoh ) Lizette Cantres,
Puerto Rican Legal Defense and Education F\md, 95 Madison Ave., New York 10017,
a2-5 32-8470.
[HI] Lv, Ambaoh . U.S. Dist. Ct. 1979* Settled. Sp. Ed. Orthodox
Jewish child was being taunted in a New York school for the handicapped.
Parents alleged that the child should be placed in a private school in order to
obtain proper* education. Joel Liebennan, Community Action for Legal Services
Inc, 186 Joralemon Street, Brooklyn 11201, 212-852-8888.
[HIT £• v. Ambaoh. Supreme Ct. Albany Co. 1979* Moot. Sp. Ed.
allenge to state agency decision that student did not need special
placement.. Edward Carr, Jr., Legal Aid Society, 189 Montague St., Brooklyn
11201, 212-858-1300.
[Hljv June F. v. Ambaoh ♦ Supreme Ct. June 1980. Sp # Ed.
Reimbursement 4t expenses for education of handicapped student at out-of-state
re'sidential^rogram not on Commissioner's approved list. Arthur R. Block;
Rebell andTKrieger, 230 Park Avenue, New York 10169, 212-687-2233.
[R2] \ Rarrell v. Ambaoh . Supreme Ct. Albany Co. Aug. 1979- Decision
Jfov. 1979 D» \ Whether the school system must provide transportation (instead
of reimbursing transportation costs) to religious nonpublic schools on days
when public schools are closed. Kevin M. Kearney; Hurley, Kearney & Lane, 32
Court St., Brooklyn' 11201, 212-852-5900.
[H5] In re: Feinerman. Family Ct. Feb. 1977. Decision Sept. 1977,-
P. Sp. Ed. Appeal by school district filed, then withdrawn. Whether school
district could require parents of preschool aged handicapped children to pay
the costs of programs in whole or in part. Michael A. Rebell; Rebell aftd
Krieger, 230 Park Avenue, New York 10169, 212-687-2233.
[A3] Flaooo v. Santee. Supreme Ct. May 1978. Decision June 1978, P.
Appellate Div. decision Oot. 1979, D. 421 N.Y.S. 2d 431- Whether a private
school student is entitled to an early graduation when he has earned sufficient
credits for graduation. Paul F. Wolfe, Assistant Attorney General, Capitol
Bldg., Albany 12224, 518-473-3290. .
[B2] Flohman v. Ambaoh . Supreme Ct. Nassau Co. June 1979* Decision
July 1979, D. Suit by parents contesting the closing of a school, claiming
that the school board had an inadequate long range plan. Robert B. Tfcylor;
Revengo & Taylor, 118-21 Queens Blvd., Forest Hills 11375, 212-2bi-4l41.
[E6] Forte v. Bd. of Ed. North Babylon Union Free Sohool Dist.
Supreme Ct. Suffolk Co. Apr. 1980. Decision Aug. i960, D. 431 N.Y.S. 2d
321. Male student wishes to participate on a female volleyball team (sex
discrimination). Roger 0. Nellist, Box 44, Hauppau b e 11787, 516-724-3521.
[HI HO] Frankel v. Commiasioner of Ed. U.S Diat. Ct. S.D. May 1978.
Decisi6n Nov. 1979, P. 480 P. Supp. 1156. Sp. Ed. Reimbursement for
eduoation expense. Should 94-142 be applied retroaotively to a olaim whioh
aroae before the act took effeot? Joaeph 0. Blum; Blum, Haimoff, Geraen,
Lipaon, Slavin & Gerley, 270 Madiaon Ave., New York 10016, 212-683-6383, and
Ronald Kremnitzer; Sohulte, Roth & Zabel,. 460 Park Ave., New York 10022.
212-758-0404. • *v«**uuc C ,
[Fl] . Fraaoa v. Andre wa . U.S; Diat. Ct. E.D. Aug. 1978. Deciaion Jan.
1979, D. 463 F. Supp. 1043. Whether the aohool principal aoted beyond hia
authority by preventing diatribution of a aohool paper that he felt waa obaoene
• and libeloua. 'Alan J. Azzara, Youth Advooaoy Projeot, 210 Old Country Rd.. -
Mineola 11501, 516-741-3560. . *
[H8] Friedman v. Great Neck Bd. of Ed. Supreme Ct. Naaaau Co. Sept.
1979. Deoiaion Oct. 1979, D. Sp. Ed. The aohool diatriot ia paying for boy
to go to a private aohool, and parenta requeat apeoial tranaportation claiming
tnat tranaportation on the regular aohool bua ia unaafe beoauae other ohildren
attaoked the ohi Id beoauae of handioap. Gilbert Henoch; Dalton, Henooh &
Kadin, 50 Clinton St., Hempatead 11550, 516-486-6600.
1 CH9] Frietaoh v. Am bach. Supreme Ct. Albany Co. Jan. 1979. Deoiaion
June 1979, P. Appellate Div. -Feb.. 1980. Deoiaion Oct. 1980, P. Leave to
appeal denied 1981. Sp. Ed. Whether New York City or the state must pay for
summer eduoational programs for the blind handioapped. * Riohard M. Cohlan;
Rabinowitz & Bianchi; White Plains 10601, 914-949-2826.
CH9] Matter of Frank G. Family Ct. 1978. Deoision Mar. 1979, P. 414
2d 851 ' 3 P« Bd. Whether the oity (or state) must pay oost for summer
program for the handioapped. Riohard M. Cohlan; Rabinowitz & Bianohi, cWhite
Plains 10601, 914-949-2826. '
[H6 H4 Pi] jjG^ v. Bd. of Ed. Roohester City Sohool Dist. U.S. Dist. Ct.
W.D. Mar. 1981. Class aotion. Sp. Ed. Wide ranging oharge that the oity is
not in oomplianoe with federal and state statutes in regard to eduoation of' the
, handioapped inoluding failure to provide special eduoation, delay in
olasaifioation, delay in plaoement, failure to notify parents of their rights,
failure to develop IEPs and failure to inolude parents in developing IEPs.
Also failure on the part of the state to monitor local boards of eduoation.
Damages sought. Betsey B. Swan, Monroe County Legal Assiatanoe, 80 Weat Main
S*-., Rooheater 14614, 716-325-2520. *
£ H1 ^ In -re Gano. .Family Ct. Deoiaion Sept. 1980, D. Sp. Ed.
Whether parent of handioapped ohild muat reimburse Department of Sooial
Servloes for expense of ohild'a residential plaoement. Carl F. Beoker,
Department of Sooial Servioes, Delaware County, Delhi 13753, ,607-746-2325.
[D4 D5 D6] Gentner v. East Greenbush Central Sohool Dist . Supreme Ct.
Rensselaer Co. Nov. 1978. Deoision Deo. 1978, «. Whether search of student's
purse without oonsent was permiasible as part of a general searoh of students'
belongings. Whether reoord of unlawfully oarrying oigarettea, found in the
aearch, ahould be expunged. Whether the aohool oan adminiater reasonable
oorporal puniahment. Robert Iaeman, 90 State St., Albany 12207, 518-462-5301.
[H2] Golden v. Lakeland C entral Sohoola . Supreme Ct. Weatoheater Co.
Jug. 198O. Deciaion Oct. 1980, P. Sp. Ed. Student oonteata being barred
from aporta due to his phyaioal oondition. PeJter P. M. Barduniaa, 199 Main
St., White Plaina 10601, 914-949-0109. , «"-auniaa, iyy nam
143
148
[H3] v. Ambaohv Supreme Ct. Albany Co. Feb. 1980* Sp. Ed.
Challenge to proposed transfer of handicapped student to a new facility without
evaluating whether the new facility will be appropriate* Bruce K. Carpenter;
Woodin & Carpenter, 500 Wellman Bldg.S^mestown 14701, 716-487-1813.
% [H6 PI] Hastings v. M aine-Ehdwell Central School Dist . Supreme Ct.
Broome Co. Jan. 19§0. Decision Mar. 1980, ' Sp. Ed. Whether the child f s
remedial program is adequate. Lost in state court because plaintiff did not
exhauct administrative' remedies. - See same title infra. Ronald R. Benjamin,
Suite 402, Midtown Kail, 15 Chenango Sf. , Bihghamton 13901, 607-772-1442.
[H6] Hastings v. Mfriny-BndWell Central School Diat. U.S. Dist. Ct. .
N.D. Nov. 1980. Sp. Ed. Suit for damages for failure to provide adequate
program after Conoission ruling in favor^&CplainUff • * Rorrfld R. BenJamirH-^
Suite 40&, Midt own Mall, 15 Oien^og^ St . , ,Bfrighamton 13901, 607-772-1442.
[A2] Helm v* Professional Children' a School . Civil Ct. N.Y.C.
Decision Mar. 1,979* D. - Supreme Ct. decision May 1980, D. 431 N.Y.S. 2d 246.
Whether a suit for educational malpractice lies against a private- educational
•institution. Robert S. Markfield; Markfield & Mirsky, 2 Washington Square,
New York, 212-371-4491.
[Dl] Jackson v. Middletown School Bd. Mar. 1981. Damage action for
denial of right to a free public education; the student was expelled for
allegedly assaulting a teaaher.. Barry ^B. Silver, 807 Broadway, Newburgh
12550,^914-562-9020.
m
C H1 H7] Matter of Jones . Family Ct. Queens. Decision Feb. 1979, P. 414
N.Y.S. 2d 258. Sp. Ed. Whether the city is responsible for paying for
maintenance of handicapped child in residential placement during the summer
months. Must the parents contribute? Joseph Shuter, Legal Aid Society, 9004
161st St., Jamaica 114 32 r , 212-526-6400.
Kampmeier v. Harris . Supreme r Ct. Monroe Co. 1977. Decision Feb.
1978, P. Appellate Div. 1978. Decision Dec. 1978, M. 403 N.Y.S. 2d 638, 411
N.Y.S. 2d 744. A student ^contested a schools refusal to permit him to play
contact sports because he has lost one eye. (Plaintiff took the case
originally to the federal courts and lost.). Edward H. Fox; Harris, Beach,
Wilcox, Rubin** Levey, 2 State Street, Rochester 14614, 716-232-4440.
tS2j Kaufman v. New York State Public High School Ath. Asa'n. Supn«zne
Ct. Nassau Co. 1978. Decision 1978, P.- Student contests ineligibility
because oT swimming in a* non-school meet.* Attorney unknown.
[F4] Matter of Kryston ^ Supreme Ct. Rockland Co. Mar. 1979. Decision
Dec'. 1979i M. Appellate Div. decision Aug. K 0, M. Whether standardized
reading and mathematics test scores of third grade students should be released
and if so, how to protect 'studepts from being identified as to their scores in
accordance with the Buckley Amendment. Carl L. Wanderman (attorney for
defendant); Greenberg & Wanderman, 35 N. Madison Ave., Spring Valley 10977,
914-356-333^
[Dl] King v. Farmer . Supreme Ct. Westchester Co. Oct. 1979. Decision
Dec. 1979i P. 424 N.Y.S. 2d 86. Whether school principal can expel a 16 year
old habitually truant student. Jerrold M. Levy, Westchester Legal Services,
Inc., 171 East Post Road, White Plains 10601, 914-949-6011 c
r < 4 '
ERLC
144
1-13
CH2J' Koxlatek v. Ambaoh . Supreme Ct> 1979. Decision 1979, D. Sp.
fid. Parents oontaatad olaaaification of tba ohild sinoe the olaaaifioation
required attendance at special classes. Fred P. Bennett; Donatelli & Bennett,
33, Gerard St., Hunting 11743i 516-519-5600.
CH6] L v. Ambaoh . Supreme Ct. Albany Cc. 1978. Settled 1Q79. Sp.
Bd. Whether handioapped obi Id ahould be kept in regular olasaea, with a
• resource rooa, or be given one-on-one individual education. Arnold Beokar, 24
*S. Main St., New City 10956, 914-634-4434.
[HI] Lafko v. Wapplngera Central Sohool Plat . Supreme Ct. Duchess Co.
• Deo. 1978. Deoiaion Mar. 1979, P. Appellate Div. deoialon May 1980, D. 427
N.Y.S. 2d 529. Sp. Ed. Whether the atate must finance ohild's education in a
private sohoor not approved by the atate for eduoatibn of handioapped
ohildren. The aohool provided needed oare and nearness to hoapital for
emergenoy treatment, but atate refused to pay because plaintiff was plaoed in a
nonapproved sohool. Thomas D. Mahar, 322 Mill St.Xpoughkeepsie 12601,
914-473-9330.^ x A '
CHI] Loabardi v. Nyoulst . Supreme Ct. Albany Co. 1977. Decision '
Sept. 1977, D. Appellate Div. 1977. Deoiaion June 1978, D. 406 N.Y.S. 2d
148.- Sp. Ed. Plaintiff oontests the commissioner's refusal to approve a
private aohool (which prevented the plaintiffs' handicapped ohild from
attending) on grounda that aohool was not on approved liat even though atata
had bo aohoola with an approved program^ Murray B. Sohneps, 299 Broadway, New
York 10007, 212-267-0760.
CHI] Lombard! v. Nyqulst . U.S. Dist. Ct. June 1979. Sp. Ed.
Plaintiff oontests the commissioner's refusal to approve a private sohool
(whioh prevented the plaintiffs' handioapped ohild from attending) on grounds
that aohool was not on approved list even though state had no sohools with an
212 r 267 d 0760 8P ^ m, Murray B * ^""•P 8 * 2< ** Broadway, New York 10007 / -
C S2 3 Long Isla nd Junior Soooer Leag ue, v. N.Y. State Publlo High
Sohool Ath. Aaa'n. Supreme a. Aug. 1978; Settled to allow distriot to try a
3-year experiment allowing dual league participation. Whether rule
prohibiting aohool athletes from playing sohool sports while alsc playing in an
organized non-sohool sponsored league is arbitrary and oaprioious. Riohard B.
Kelly? Fisher, Kelly, Wassner & Fallon, 770 Lexington Avenue, New York 10021,
212-593-1400. /
CH3] LucQhese v. Kingsto n Sohool Bd . Supreme Ct. Ulster Co. Nov.
1980. Suit for tranapontation tj aohool; the sohool permitted transfer of the
ohild from one elementary sohool to another, but refused to provide
tranaportation to the new aohool. Alan N. Suasman; Rioke£, Goldman, Sussman &
Blythe, 185 Fair Street, Kingston 12401, 914-339-3050.
CH4J WLl vi Aabaoh . Supreme Ct. Albany Co. 1978. Deoiaion July 1978,
D. sp. Bd. Whother handioapped child was properly classified. August J.
Ginocohio, 83 Fire Island Ave., Babylon 11702, 516-669-6161.
C* 11 ] Matter of Charles M. Family Ct. New York City Jan. 1979.
Deoiaion Sept. 1979, P. 420 N.Y.S. 2d 173. Sp. Ed. Whether the defense of
laohea (2 years) is valid against a olaim for reimbursement for eduoational
expenses of a handicapped ohild. Whether the parent must contribute and
whether the oity is entitled to a hearing on the ability of the parent to
contribute. Jay Shusterhoff, 175 5th Avenue, New York 10022, 212-982-1140.
M5
£D5] . •. hJL v. Anker * U.S. Diat. Ct. E.D. Mar,. 1978. Decision Feb.
1979 t , P. 477 F.topp. 837. CCA 2 Oct. 1979. Decision Oct. 1979, P.' 607 F.2d
588. * Whether a atrip search upon student suspected, of stealing violates the
Fourth Amendment. \ RiohartL Emery, "ACLU, 84 5th Ave, Suite 300, New York
. 10011, 212-924-7800: . '*
CfiJ Ma re no v. Walker . U.S. Dist. Ct. S.D. decision Nov. 1979, D.
Plaintiff contests, on First Amendment grounds, his suspension from school for
swearing at a teacher. Attorney not identified. v
[01 D8] Mohr^v; Bd> of Ed. of Salamanca Central School Piste U.S. Dist.
Ct. W.D. 1977. Class action. , Moot. 10 CHR 901. Whether school policy of
.imposing short term suspensions without notice or hearing is constitutional.
Whether N.Y. Ed.. Law §3214(3) (b) is unconstitutional in providing for 5 day
suspensions without notice or hearing. Whether consecutive short term
suspensions for one offense is permitted by law. Gerald A. Mclntyre* Monroe'
County Legal Assist. Corp., 107 1/2 Times Square,. Olean 14760, 607-776-4126.
CH6] Mozer v. Ambach . Supreme Ct. Jan. 19T9. Dismissed. Sp. Ed.
Whether the school system is providing a proper program for this child. • c
Carolyn V. Rider* 42 E. Market St.v Red Hook 12571, 914-758-5158.
{R2] r ttotional Coalition fbr Public Ed. and Religious Liberty v.
JfeEd&? U;S. Dl.st. Ct£ Decision Apr. 1980, D. 446 F. Supp. 193 and 489 F. '
Suppt, 124j£y -Whether the allocation and Use of the Title, I funds for remedial "*
*aucation,tof .parochial school students, by public school teachers,* jat parochial
schools during - school hours violates the establishment clause of the First
Amendment. v ;Leo Pfeffer, 15 E. 84th Street, New York 10028, 212-879-4500.
[H6] Netfton v. Niagara Falls Schools . U.S. Dist. Ct. W.D. Mar.
1980. Sp. EdTgjpents charged that their 14 year_old_should have individual-
remedial reading f(nd was not placed properly. .Joseph L. Gerken, Neighborhood
Legal Services, 495 Ellicott Sq. Bldg., Buffalo 14203, 716-847-0650.
CH4 H6] . New York'.City United Cerebral Palsy Ass y n. v. New York City
School Dist. Bd. of Ed. U.S. Dist. Ct. E.D. Mar. 1979. Class action.
(Consolidated with Jose P. v.* Ambach .) 14 CHR 365. ELB 941. Sp. Ed. Suit to
compel defendant to identify, promptly evaluate and place* handicapped students
irt appropriate programs, to provide suitable programs and related services, to
consult with parent about carrying out its reponsibilities. Michael A. ,
Rebell, Esq.; Rebell & Krieger, 230 Park 4 Ave., New York .10169, 212-687-2233.
[H2] New. York State Ass'n. for Retarded Children ir. Carey . U.S. Dist.
Ct. E.D. Sept. 197£. Decision Sept. 1978, P. 466/F. Supp>479. And Feb. 1979,
P. 466 F. Supp 487. CCA 2 1978. Decision Dec. 1979, P. 612 F. 2d 644.
Whether Board of Education can unilaterally segregate retarded students who are
carriers of hepatitis B, while not segregating normal students. Taylor R.
Briggs; LeBoeuf / Lamb, Leiby & MacRae, 140 Broadway, New York 10005,
212-269-1100. ' ' «
[H6] 1 Noe v. Ambach. U.S. Dist. Ct. S.D. Sept. 1980. Class action^
14 CHR 1108. Sp. Ed. Suit to require psychotherapy as ajrelated service by
the school district and the state. Paula Galowj.tzj Wash. Sq., &0 5th Ave.,
New York 10011, 212-924-3200. ^
[HO Al] Bd. of Ed. Northport-East Northport School Dist. v. Ambach .
'Supreme Ct. Albany Co. 1979. ' Decision Jan. 1981, P. EHLR 552:282. Sp. Ed.
1H6
.The^aqjiool contested the State Department of Education's refusal to allow it to
•ward diplomas .to handioapped ohildren who did not pass the state's basio
competency test. The oourt held there was not sufficient notice of the tests
to the ohildreri. John H. Gross; Ingerman, Smith, Qreenberg & Gross, 167 Main
Street, Northport 11768, .516-261-8834] ' ,
[ H9 1 - Matter of Dwella P. Family Ct. Bronx Aug. 1978. Decision Mar.
1979, P v 14 NjY.S. 2d 878; Sp. Ed. Suit oonoerning whether the oity (or
state) must pay^ oost for summer program for the blind. Richard M. Cohlan;
Rabinowitz & BJjahohii White Plains 10601, 914-949-2826.
.J? 3 H63 ^ , j 03e v» Anbach. U.S. Dist. Ct. E.D. Feb. 1979. Class
?ofl ?: ± 0iS ^ 0n o M ? y 191 l* P * A PPellate Div. 1979. ELB 86l, 866. 12 CHR
J38, 13 CHR 307, 892, EHLtH>51:245. Sp. Ed. Whether there is undue delay in
the evaluation and. placement of handicapped children in appropriate programs. 1
Also procedural and other substantive issues. John C. Gray Jr., BroSclyn
Legal Servioes jCorp B, 105 Court St., Brooklyn 11201, 212-855-8003.
[H2] . Pa den v. Ambaoh. Supreme Ct. Jan. 1979. Deoision July 1979,
P. Sp. Ed. Contesting the nrooedures in the evaluation of a ohild as
mentally handioapped. Parents wanted her to remain in a regular classroom.
John M. Bigle, 91 A. Franklin St., Suite 201, Hempstead 11550, 516-481-1220.
C B 33 Perlmutter v. Ambaoh . Supreme Ct. Albany Co. July 1980.
Deoision Aug. 1980, D. Father wanted bus to pick up daughter at doorstep,
rather than at an established bus stop. Pro se. Defense attorney is Donald
Meserve, State Dept. of Ed., University of the State of New York, Albany 12234-,
518-872-0909. -
«* CF y Vi M ' 0 ' fEd " Islandlrees Union Free Sohool Dist . Supreme
Ct. Jan. 1977. Removed to U.S. Dist. Ct. E.D. Jan. 1977. Decision Aug. 1979,
>D. 4*4 F. Supp. 387. CCA 2 1980. Decision Oct. 1980, P. 638 F*.2d 404.
Plaintiff-students oontested on First Amendment grounds the School Board's
removal of books from the sohool library and curriculum. Alan H. Levine,
NYCLU, 84 Fifth Ave., New York 100U, 212-475-3232.
[H9] Pilato v. -New York State Dept. of Ed. Supreme Ct. Monroe Co.
1977. Deoision Oct. 1977, D. Appellate Div. 1977. Decision June 1978, D.
406 N.Y.S. 2d 562. Sp. Ed. The oounty requests reimbursement for oosts of ,
educating handioapped ohildren in a private sohool. John D. Doyle, 307 County
Of fioe Building, Rochester -14614, 716-428-5280.1
[B4] Quinn v. Bd. of Ed. of Whitesboro Central School Dist. ' Supreme
Ct. Oneida Co. June' 1977. Class action. Decision 1978, P. ELB 599. Whether
the sohool 's polioy of charging compulsory fees ,for supplies, because of an
austerity budget, violates the New York State- constitution and the U.S.
Constitution. Robert B. Salzman, Legal Aid Society of Oneida County, Inc.,
185 Genesee St.-; 14th Floor, Utica 13501, 315-732-2131.
Quogue Uni on Sohool Dist. No. 3 v. Suffolk Co. Supreme Ct. Jan.
1978. Deoision Jan. 1980, P. 424 N.Y.S. 2d 261. Appellate Div. Nov. 1978.
Sp. Ed. Whether the responsibility of the oounty to pay for speoial eduoation
of a ohild plaoed in a foster home by the oounty ceased on Jan. 1, 1974 with a
ohange in the law. Suit by sohool distriot for reimbursement. Robert C.
Crinmins; Smith, Finkelstein, Lundberg, CTimmins & Yakaboski, 456 Griff ing
Ave., Riverhead 11901, 516-727-4100. ©
147
15k
[HI m PI] Riley v. tabach. U.S. Dist. a. E.D. Oct. 1979. Class action
(denied certification). Decision June 1980, P. CCA 2 Dec. 1980. Decision May
1981, D* Sp. Ed. Challenge to Commissioners regulation that learning-
disabled children with less than 5<fr discrepancy cannot be classified as
handicapped and that schools serving learning-disabled children be removed from
list of sohools approved for handicapped children. The court ruled that the
plaintiff must exhaust administrative remedies. Susan E. 0 , Grady, 23 Green
St., Huntington 11743, 516-549-4546.
<«[S2] Robin v. Mew York State Public High School Ath. Ass'n . Supreme
Ct. Westchester Co. Dpcision July 1979, D. Appellate. Div. Sept. 1979.
Decision Sept. 1979, ij. 420 N.Y.S. 2d 394. w Whether a student can be removed
from a high school teqm because she practices with a college team, not knowing
it was against the Association rules. Steven R* Shapiro, NYCLU, 84 5th Ave.,
New York-10011, 212-924-7800.
[Hi] " . Robinson v. tab&ch , U.S. Dist. Ct. S.D. 1979.: Sp. Ed.
Severely injured handicapped young man was not given help ynder provisions of
94-142 and began attending a private school not on the state approved list,
Suit was brought to seek tuition. Paul Stavis, Commission on Quality of Care
of the Mentally Disabled, 99 Washington Ave., Suite 730, Albany 12210.
518-1*73-4065.
C p2 3 Rodriguez v. Bd. of Ed. Ca to-Meridian Central School Dist. U.S.
Dist. CU N.D. Dec. 1980. TRO Dec. 1980. 14 CHR 1187. Sp. Ed. Whether a
handicapped student can be suspended from school during the handicap evaluation
process and without ajpr ior det ermina tioqJb>iat-his - behavior -was -not-rela ted to
-his-handicap-condition. John Michael Caster, Onand^ga Neighborhood Legal
Services, 3f3 Market St., Auburn 13021, 315-255-1761 and Elizabeth L. Schneider,
Greater Upstate Law Project, 80 W. Main St., Rochester 14614, 716-454-6500. .
[HO] Ross v. Allen . : U.S. Dist. Ct. S.D. June 1980. Decision Dec. %
1980, P. Sp. Ed. Charge of First Amendment, 94-142, and 504 violations
because a private school psychologist was fired for complaining to New York
City Board of Education about suspension of a student. Stephen Shapiro,
NYCLU, 84 5th Ave., New York 10011, 212-924-7800.
[H6] Rowley v. Hendrick Bd. of Ed. of Hudson Central Schaol Dist.
U.S. Dist. Ct. S.D. Apr. 1979. Decision Jan. 1980, P. 483 F. Supp. 528. CCA
2 1980. Decision July 198O, P. 632 P.2d 945. Petition for certiorari. Sp.
Ed. Whether deaf child must be supplied with a sign language interpreter.
Whether "adequate" education is "appropriate" education for a handicapped
child.' Also procedural issues. Michael A. Chatoff , .270-31M Grand Central-
Parkway, Floral Park 11005, 212-428-4596.
t pi 3 Harvey S. v. tabach. Supreme Ct. July 1979. Settled. Sp. Ed.
Reimbursement of expenses for education- of handicapped student at out-of-state
residential program not on Commissioners approved list. Arthur R. Block;
Rebell and Krieger, 230 Park Avenue, New York 10169, 212-687-2233.
[S2] Scanlon v. New York State Public High School Ath. Ass^. Supreme
Ct. Nassau Co. 1980. Decision 198O, D. Student contests ineligibility for
sports because of participating in non-school competition. Attorney unknown.
C* 0 -] Schayer v. tabach. Supreme Ct. Albany Co. 1979. Decision Jan.
1980, D. Sp. Ed. Parents sought tuition for child attending a non-approved
school for the handicapped. Glickman & McAlevey, 120 N. Main St., New City
10011, 914-634-8884.
148
pM' Shepperd v. Dept.' of E nvironmental Conservation and Divialon of
Budget of H.Y. State. Supreme Ct. Deo. 1980.' Deoiaion Fab. 1981, P.
Appellate Dlv. 1981.. Suit to allow gipla to attend the state-run Rushford
Environmental Bduoatlon Camp for Boys C ■>. to 14). Karen DeCrow, 116 Benedict
Avenue, Syracuse 13210, 315-478-4910.
fP2] Sherry v. New York State Ed. Dapt . U.S. Diat. Ct. W.D. 1979.
^ciaion Nov. 1979. P. 479 F. Supp. 1328* Sp. Ed. Whether a achool for the
blind oan suspend, without notice and hearing prooedurea, a atudent who haa
inflioted^wounda on heraelf . Whether the plaintiff muat exhaust administrative
reaediea before entering oourt. Miohael L. HaMey, Monroe County Legal
Aesietanoe Corp.,, 107 1/2 Times Square, Olean 14760, 607-776-4i26.
■■ [81] Simms v. Roosevelt U nion Free School Di«t . Supreme Ct. Nassau
Co. June 1979. Decision July 1979, M. 420 N.Y.S. 2d 96. Whether the school
can refuse to accept a child who lives in the, district with her grandmother,
but not with a legal guardian. . Riohard J. Gabriele, Nassau Law Servioes
committee, 91 No. Franklin St., Hempstead 11550, 516-292-8100.
0
InwL™. t . K Slnoof f v - iSbach. U.S. Dist. Ct. E.D. Sept. 1979. Preliminary
injunction; then moot. Sp. Ed. Handioapped child's right of pendency: does
a handicapped child have the right to remain -n his current educational
oi!! e ° , !? 1 t / hen fc ? e S ! ate the Private school from the approved list and
When child was plaoed at the sohobl by state eduoation department. Charles
Davis, 20 Squadron Blvd., New Cit y 10956. 914-638-1 00Q.
CH5 H6] Smith v. Aabeoh; U.S. Dist. Ct. W.D. Deo. 1980. Sp. Ed.
Whether a directive that no ohild over 5 years old could be enrolled in the
language development program violated the rights of 6 and 7 year old
^!? P, * d °!?i 1(, r 0n .! ,hO had beeri drained to need the program by the local
oommittee on the handioapped. Also seeking reimbursement for tuition and
transportation costs. Gerald P. Seipp, SUNY at Buffalo, Law School, 5p4 John
Lord O'Brien Hall, Buffalo 14260, 716-636-a67.
[D7] Smith y. Bd. of Ed. Cent ral Islip Union Free School Plat. U.S.
Mat. Ct. E.D. May 1978. Class aotion. Deoiaion July 1978, D. ELB 670.
wether terminetion of home inatruotion- of a suspended pupil when she reached
lb, and waa no longer of "oompulaory attendance age," violated her righta to
equal Protection of the law. Carl J. Nathanaon, Nassau County Law Service, 91
N. Franklin, Hempstead 11550, 516-292-8100. ' "
Ert CH6 L-.-.. ^ B>lt ? *?f a ' s ; v - Aabaoh - u - s - Diat. Ct. W.D. Dec. 1980. Sp.
m. conteata termination of a program for handioapped. -Gerald P. Seipp,
£E MtlT^lZTtUlZlill Burra10 ' u " Soho ° 1 ' 504 «- ™ <"«-
CHI] Stanger v. Ambaoh (also Behavior Reaearoh Institute Inc. v.
Howard Miller). U.S. Diat. Ct. S.D. Feb. i960. 501 F.Supp. 1237. Sp. Ed.
Handioapped child's right of pendenoy: does a handioapped child have the right
to remain in hia ourrent eduoational placement when the atate removea the
5r«i*i te "f^ 1 fr ° B the approved liat. May the State Director of Budget
diaallow tuition rate of a private apeoial eduoation aohool baaed upon
eduoational reasons without I.E.P. review process for child plaoed there by
atate. Charlea Davia, 20 Squadron Blvd., New York 10956, 914-638-1000.
*,l S2} n ^Jgiderski v. Bd. of Ed. City Sohool Dist. of Albany . Supreme Ct.
Albany Co. 1978. Deoiaion Sept. 1978, P. 408 N.Y.S. 2d 744. Whether a high
149
154
school student with one eye may participate in high school sports. Jleil D. .
Breslin; Garry, Cahill, Edmunds & Breslin, 600 Broadway," Albany 12207,
-518-M65-3391.
(S33 Task Foroe for Intersoholastio Sports and Extracurricular
Activities v. Whiteaboro Bd. of Ed. Supreme Ct. 1981. Class action. Suit
against the school and tarn S£ate Commissioner of Education to require funds for
sports and extracurricular activities. Dennis O'Hara; 0 9 Hara & 0 9 Hara, 1020
Seventh North Street, Liverpool 13088, 315-*»5i-38lO.
CFll Thomas v. Bd. of Ed. , Granville Central Sohool Dist. U.S. Dist.
Ct. N.D. Feb. 1979* Deoision Hay 1979, D, denying preliminary injunction. 478
F. Supp. 114. CCA 2 1979* Decision Oct. 1979, P* 607 F» 2d»1043. Cert,
denied U.S. Supreme Ct. Feb. 1980. Suit contesting the suspension of student?
for publishing a vulgar and immoral newspaper which was printed and distributed
outside of school. Richard Emery, ACLU, 84 5th Ave., New York 10011,
212-924-7800.
' [D2] Tonn v. Levi t town Union Free Sohool Dist. Supreme Ct. Nassau
Co* Deoision June 1979t\D. Whether a teacher of choral music can reduce a
student's grades for excused absences, thus depriving him of being
valedictorian. Alan Azzara, Youth Advocacy Group, 210 Old Country Rd.,
Mineola 11501, 516-741-3560.
[A2] Torres v» Little Flower Children's Services . Supreme Ct. New
York Co. 1977* Decision Sept. 1977f P< ELBJ63* Action for damages for
graduating and discharging a boy from school without having taught him to,
read. Whether additional schooling .should be provided. , Steven R. Shapiro,
Children f s Rights Project, New York Civil Liberties Union, 84 Fifth Ave., New
York 10011, 212-924-7800. , } |
j
[A2] Torres v. City of New York . Supreme Ct. New York Co. Mar.
1978. Aotion for damages for graduating and discharging! a boy from school
without having taught him to read. Also whether additional schooling should be
provided to ag<? 21. Steven R. Shapiro, Children 9 s Right's Project, New York
Civil Liberties Union, 8^Fifth Ave., New York 100H, 21^-924-7800.
[Rl] Trie t ley v. Bd. of Bd. of City of Buffalo , j Supreme Ct. Erie Co.
1977* Deoision D. Appellate Div. decision Nov. 1978, Dj 409 N.Y.S. 2d 912.
Appeal from the Board's refusal to let students form a bible blub in high
school. Michael J. Brown; Diebold, Bermingham; Gorman,] Brown & Bridge, 1500
Statler Office Building, Buffalo 1H202, 716-853-8190. j
[El] . U.S. v. Yonkers Bd. of Ed. U.S. Dist. Ct.! S.D. Dec. 1980.
Claim against the City, Board of Education, and Community Development Agency
for intentionally promoting sohool and public housing segregation in violation
of Title VI and Title VIII and the Fourteenth Amendment. Joshua P. Bo'gin,
U.S. Dept. of Justice, Room 7738, Washington, DC 205-30,(202-633-3822.
1
[81 A3] Vicinanzo v. Bishop Sohully High School , 'supreme Ct. 1980.
Decision 1980, D. Appellate Div. 1980. Suit against a catholic school for
not granting a diploma; the student refused to take religion courses (needed
for graduation by catholic students) because she^ contested the content of the
courses. Michael D. Raphael,. 29 E. Main, Amsterdam 12010, 518-842-7690.
[HI PI]" Windward Sohool v. State of New York . U.JS. Dist. Ct. S.D. 1978.
Decisions Sept. 1978 and Nov. 1978, D. EHLR 551:219. (Appellate Div. 1979.
Decision June 1979, D. ' EHLR 551:224. ELB 895. Sp. Ed. Whether parents may
use the bearing procedure (and a court suit) to challenge the state's decision
to t*:*inate funding for a school for the handicapped. Whether parents' should
be provided a hearing as to the closing of the school. Dermot G. Foley;
•Kaplan, Kilsheimer and Foley, 122 E. 42nd St., New York 10017, 212-687-1980.
[D8] Winters v. Bd. of Ed. of The City of Buffalo . U.S. Dist.' Ct.
W.D. Feb. 1978. Class action. Decision May 1978, P. ELB 840. Whether
notice and hearing are required for due process purposes ; "in connection with
suspensions from school. ^George L. Cownie, Neighborhood Legal Services, Inc.,
Ellicott Sq. Bldg., Room 495, Buffalo 14203, 716-847-0650.
[PI] , Zick v. Ambach. U.S. Dist. Ct. E.D. 1978. Class action.
Settled. ELB 729* 12 CHR 308. Sp. Ed. Suit to compel Commissioner to
review, decide, „ • mail, within 30. days after receipt of request for review of
decision, a copy of the decision of the local Board of Education regarding
placement of handicapped children. Carl Jay Nathanaon, Nassau County Law
Service Committee, 91 N. Franklin St., Hempstead 11550, 516-292-8100.
NORTH CAROLINA
'iJK 8 E5 L ^" 3tr0ng V * Hanover Co. Bd. of Ed. Superior Ct. Hanover Co.
1980. Whether the suspension/expulsion system violates due process and state
statutes; whether the alternate school for suspended pupils violates equal
protection by treating women more -harshly than men. James B. Gillespie, Legal
Services of Lower Cape Fear, P.O. Box 814, Wilmington 28402, 919-673-6207.
iQftS 13 c Armstrong v. North Caroli na State Bd.' of at . U.S. Dist. Ct. W.D.
i*ou. sp. fed. Parents are contesting placement in public school, desiring
704-333-925? PriVat6 aQho01 ' Robe . rt 700 Law Building, Charlotte 28202,
[B6 F3] Fowler v. Williamson. Superior Ct. Catawba Co. 1978. Decision
1978, D. Ct. of Appeals. Decision Feb. 1979, D. 251 S.E. 2d 889. Damage
action by parents of a student, against sctiool officials, for refusing to allow
their son to. participate in graduation exercises wearing denim pants in
violation of the dress code; alleging severe mental and emotional distress.
28658 704^6s'2100 ; ISenh0V?er ' Ldng ' !Laith * r and Wooc? » P-0. Box 145, Newton
,jf l 3] , |||fl ftger v. Williamson. -'U.S. Dist. Ct. W.D. 1977. Decision Mar.
iyro, 0. 448 F. Supp. 497. -Damage action t?y student against school officials
for refusing to allow student to participate in graduation exercises wearing
denim pants in violation of dress code; alleging deprivation of a property
m 1 ^* .of 3 ^ "v^"*' Jr '5 Iaenhower, Long, Gaither, and Wood, P.O. Box 145,
Newton 28658, 704-465-2100. - »«* in 3 ,
CA1 E2] Green v. Hunt. U.S. Dist. Ct. E.D. Oct. 1978. Moot, 198O. ELB
1049. Alleged that the competency testing program violated the equal
protection clause by discriminating against blacks and poor. John H. Harmon,
P.O. Box 636, New Bern 28560, 919-633-3114.
151 15 G
[Al E2] Iwanda H. v. Berry * U.S. Dist . Ct. W.D. May 1980. Class
motion. Withdrawn. ELB 1050. 14 CHR 575. Whether oompetenoy testing
violates ecjual protection and Title VI, as discriminating against blacks, and
whether due process was violated beoause notioe of testing was insufficient.
Norman B. Smith; Stoith, Peterson, Follin, Curtis, James 4 Harkavy, 704
f; Southeastern Building, Greensboro 27401, 919-274-2992.
f. [H6] Harrell v. Wilson Co. Bd. of Ed . Superior Ct. Fulson Co. 1979.
f_ Sp. Ed. Whether the looal sohool oan provide assistance needed by a deaf ohild
i 1 '*. «nd whether the looal sohool, board must supply a program «- Cyrus Lee; Lee,
\: Reeoe, & Cettinger, P.O. Box 2047, Wilson 27893t 919-29i-3443.
I, [H33 Hines v. Pitt Co. Bd. of Ed . U.S. Dist. a. E.D. 1980. Deoision
\ Sept. 1980, M. CCA. 4. Sept. 1980. Sp. Ed. Whether the plaoemeht by the
sohool is appropriate; oontesting plaoement in a ohildren's wing of a public
I mental institution. Miohael A. Colombo; James, Hite, Cavendish, & Blount,
I P.O. Drawer 15, Greenville 27834, 919-752-6000.
l\ ' [HI H7] Hunt v. Phillips- . U.S. Dist. Ct. M.D. 1980. Sp. Ed. Whether
\ 94-142 requires the eduoational system to provide residential services.
{■ Whether the ohild should be served for more than 180 days. A. Frank Johns;
i Booth, Harrington, Johns 4 Campbell, P.O. Box 3585, Greensboro 27402,
;\ . 919-275*9567.
[El] Hunt v. Robeson Co. Bd. of Ed. U.S. Dist. Ct. May 1980. Class
Action. Suit to desegregate five sohool districts, trying to block the merger
of schools, claiming it would cause further segregation. Philip Diehl; Moses,
Diehl & Pate, P.O. Box 688, Raefprd 28376, 919-875-3379.
[H2] Hymes v. Harnett Co. Bd. of Ed. U.S. Dist. Ct. E.D. 1979. '*
Deoision Nov. 1980, P. CCA 4 1981. Sp. Ed. Plaintiff sought a due process
hearing when the sohool removed the ohild from class (and provided home-bouud
education) beoause the ohild had a tracheostomy tube that required cleaning.
Louis Lesesne, Jr., 2060 First Union Plaza, Charlotte, 28282 704-372-5700.
[Fl] Loman v. Davis . U.S. Dist. Ct. M.D. 1978. Settled. Challenge
to censorship of high sohool newspaper. School forbade publication of an
article on birth control. Miohael Curtis; Smith, Patterson,, Follin, Curtis,^
James & Harkavy, ?04 Southeastern Building, Greensboro 27401, 919-274-2992.
[86] Willie M. v. Hunt . U.S. Dist. Ct. W.D. Sopt. 1979. Class
Action. Settlement on claims, remedy being fashioned. '14 CHR 166. Sp. Ed.
Broad suit for improved treatment for mentally disturbed children, including
treatment of children in sohool. Sandra Johnson, P.O. Box 2812, Raleigh
27602, 919-828-6775. v
[El] Martin v. Chariot te-Meoklenburg . U.S. Dist. Ct.' W.D. 1978.
Decision Aug. 1979i D. 475 F. Supp. 1318, CCA 4 1979* Decision 1980, D. 626
F.2d 1165. Certiorari denied 1980. Whether the school can continue to
reallocate students to maintain racial balance in response to changing
residential patterns. Whiteford Blakeney; Blakeney, Alexander, & Maohen, 3450
NCNB Plaza, Charlotte 28280, 704-372-3680.
[HI PI] Matter of Catherine Diane Linda . Superior Ct. Wake Co. Apr.'
1979. Decision 1980, P. CU of Appeals 1980. Deoision Jan. 1981, D. Sp.
Ed. Requesting payment for child's education in residential placement. Whether
administrative proceeding can ba started before the school's notice of
ERIC
[v
919-832-8396 ti0n ° f ° hild ' 06718 Shearon ' P:0 ' 1776, Raleigh 27602,
: Q [f ] - Guilford Co. School system. Superior ,ct. Guilford Co.
1900. Sp. Bd. After special placement of learning disabled child, parents '
SnfSto! ^ SM, I"i of prior tutoring expenses. A. Frank Johns; Booth,
Harrington, Johns & Campbell, P.O. Box 3585, Greensboro 27402, 919I275-9567.
SmtSL uJSF*-*' Wa ft C°; Bd. of Ed. Superior Ct. Wake Co.. Mar. 1980.
Settled. Whether the school followed proper administrative procedures in
expelling a student. Melinda Lawrence; Smith, Patterson, Follin, Curtis,
James & Harkavy, 5 W. Hargett St., Raleigh 27601, 919-755-1812.
■j - * - ' -
n^f 1 ^ l3 d n &* anized Christian Schools v . State of NgrthCarolina. U.S.
required'D^L^M 197 ?- A11 *g ati °" * parents and school t hat •
"52Sr! P L , Jr" 00 in co °P etenc y ^sting violates the First Amendment.
SSlfiaSr ' StrickIand 4 V" 11 "' P '°- Box 2002, Goldsboro 27530!
n [D L?. I *J- *2ffiSa v. ^laon. U.S. Dist. Ct. M.D. 1977. Decision Apr. 1979
Si±n2SL?*«2?SK - 113 ?; „ f ether th6re due process in a hearing by Jhe *
l2STLfJ^ 6d 10 sus P e nsion v from school for less than 10 days (when
' ex?racurS2u^ S a d M Pr0Cedure& " °™ " days) and suspension^ tZT
Itlt llZt^l . activities for the rest of, the term. Judith G. Behar, 4l 5
West Friendly Ave., Greensboro 27401, 919-373-8465. . •
TR0 E iLted ^MtTT^p^^^" 0 ? °?; Bd ; ° f M - Superior Ct ' Vance Co. 1981.
Shofi 1 7 3 students t0( maintain their class placements; the
school, aoting under a desegregation agreement with the Office of Civil Risks
SiSSSfi! 8 s S uden i s p acco ^ n 8 *> ^ores on achievement ^s?s. Roberf '
Catherwood; Edmundson 4 Catherwood, P.O. Box 428, Oxford 27565, 9919-492-2055.
DbcSL iQflo n' f Her ^° rd °°' M ' of U ' S - Ct. E.D. 1 9 80.
Ufacision 1980, D. Contesting suspension from school. John H. Harmon P O >'
Box 636, New Bern 28560, 919-633-3114. Harmon, p.o.
Jimfi 3 07ft gSSgl y. Greensboro City Bd. of Ed. Superior Ct. Guilford, Co.
Ad? lllo M D~i«ion Mar. 1979. P. Supreme a. 1979. Decision
Apr. 1980, M. 264 S.E. 2d 106. Whether policy of chantine the stiiri«ni-«, «7fh
-fees- for general and specific activities an'd policy oFwfivfng ft£ 1o? *
*£F£ l£t 9 »tZJ i0la i 9 \ th9 6qUal profcection cl ause or the constitutional
SnJral cfSEiS , ^ Under th ° State c ° nst ^ti°n. Douglas A. Scott,
9^9-272-0148^ ^' ' P, °' ^ ** 7t Oreensbo ™ 2 7402,
«. t8 2i p State of North Carolina v. Columbus Chris^tanAgademy. Superior"
1979 IVr 8 ' ? Ci3i ° n SePt ' r ' KS5 Carolina Supreme'a.
£ 19 M ? 0t ' 767 ; Authority of state to regulate and license religious
schools in the face of First Amendment claims of parents and schools. idwin .
2;602 P ni 9 l?33f7 P 3 e 8 C 7. DePUty °* n " ? '°' *>* 629 » Justice B ldg., Raleigh
sJFt? L««. iaa£ai V : Ba ?f leP - U,S - Dist ' ct ' E ' D - 1Q 77- Settled 1980.
because J?S? n,i ° 11 (f 5 r possessin « marijuana) from student's record
because the discipline procedures violated due process and because Fourth
aS^H'Tf ^ SeiZUre ^^tions were violated. James J. Wall, Legal
Services of Lower Cape Fear, P.O. Box 814, Wellington 28402, 919-763-6207.
ERIC
153 -^53
NORTH DAKOTA
[H6] ' Ass'n. of Retarded Citizens v. Link . U.S. Dist. Ct. Sept. 1980. ,
Class Action. Sp. Ed. Whether the state has met the requirements of
providing education for its institutionalized students. Mary Schneider; Legal
Assistance of North Dakota, 15 S. 21st St., Fargo 58103, 701-232-4495.
[El] Berger v. Calif ano . U.S. Dist. Ct. 1977. Decision Oct- 1977,
D. Suit against HEW contesting desegregation plan of the Salem School Board.
Daniel J. Chapman; Chapman & Chapman, Box 1258, Bismarck 58502, 701-258-6030.
[B4] > Cardiff v. Bismarck Public School Dist . State Dist. Ct. 1977.
Decision, P. North Dakota Supreme Ct.,>1978. Decision Feb. 1978, P. 263 N.W.
2d 105. Whether a school district could charge textbook fees to all students
in the District when the North Dakota constitution provides for "free public
schools." ^Stephen Pevar, ACLU Mountain States Regional Office, 3570 E. 12th
Ave. Suite '201, Denver 80206, 303-321-5901.
[Si] Crandale v. North Dakota High School Activities Ass'n . Dist. Ct.
McHenry Co. Aug. 1977. Decision Sept. 1977, P. North Dakota Supreme Ct. Jan
1978.~ Decision Jan. 1978, D. 261 N.W. 2d* 9 21. Student contests ineligibility
for sports after changing schools. Mark Butz; McClintock, Butz & Kraft, Rugby
58368, 701-776-5276.
<
[D8] . Earhart v. Hazleton Moffit School Dist . State Dist. Ct. 1979.
Dismissed Mar. 1979. Whether the student's constitutional due process rights
were violated when the school district did 'not properly inform him that^he was
being expelled instead of suspended. Dwight Kautzmann; Bair, Brown &
Kautzman, BoxaOO, Mandan 58544", 701-663^6568.
[H7] ^ Fetzer v. Mandan School Dist . U.S. Dist. Ct. Dec. 1979. Settled
July 1980,. Sp. Ed. Whether the school district must provide for 12 month
education for handicapped child. Russell Myhre, Box 2258, Bismarck 58502,
701-222-2296.
[R2] Ring v. Grand Forks Public Schools . U.S. Dist. Ct. 1979.
Decision 1980, P. 483 F. Supp. 272. Whether vthe state could require the
posting of the Ten Commandments in a classroom. Stephen Pevar, ACLU Mountain
States Regional Office, 3570 E. 12th Ave. Suite 201, Denver 80206, 303-321-5901
and Robert Vogel, 524 Harvard St., Grand Forks 58501, 701-777-2961.
[H7J % Soper v. Dickinson School Dist. Fed. Ct. 1979. Settled 1979,
P. Sp. Ed. Whether the school district must provide ,12 months education for
handicapped child. Russell Myhre, Box 2258, Bismarck 58502, 701-222-2296.
[H6] Stickler v. Snort land . U.S. Dist. Ct. Jan. 1979. Settled. Sp/
Ed. Deaf child seeks enrollment in a. school for the deaf or a teacher trained
in education of the deaf. Mary Schneider; Legal Assistance of North Dakota,
15 S. 21st St., Fargo 58103, 701-232-4495.
/ J
OHIO
_ Cs 2J iSaka v. Ohio High School Ath. A«««n. common Pleas Ct. Geauga
Co. 1980. Deoision 1980, D. Suit contesting -the defendant's rule that
« 2*ni d S J Ud ^ fc L are , 7 neli * ibl « t°r sports. Riohard C. Woollams, Jr., 114
E. Park Street, Chardon 44024, 216-286-6177. -
1Q7? 3 uu -u ^ erS ? n V< Oh 10 High So nool Ath. Ass'n . U.S. Dist. Ct. N.D.
19 N>. Whether the Association can constitutionally prohibit students from
participating in high school soccer because of involvement in. an independent
216-69 6-6868? e * NelS ° n ^ 1202 ^° nd Oourt Buildin «' Cleveland 44114.
oJ?? 3 „ o^r^ 7, ^ZSL' Coninon Pleas ct - Mahoning Co. Mar. 1981.
settled. Contesting an expulsion from a parochial school on the grounds that
the school did not follow its published procedures. Gary Van Brocklin, 1001
Mahoning National Bank Bldg. , Youngstowu 44803, 216-743-4184.
CH6] Barbara C. v. Moritz. U.S. Dist. Ct. S.D. Nov. 1977. Class
aotion. Sp. ( Ed. Whether state should provide appropriate educational
services for plaintiffs at Orient State Institute (Orient Developmental
43215? 6l4-466^7264 OUb ' ™° Service ' 8 *• ««« Street » Columbus
[S2] Carlisle v. Ohio High School Ath. A««»n . Common Pleas Ct.
Hamilton Co. 1979. Decision 1979, P. Student contests ineligibility ruling
for participating in a non-school tournament. Sylvan P. Reisenfeld, 700
Executive Building, Cincinnati 45202, 513-381-6810.. « e «enieia, fOO
[07] Cawell v. C ummings . Common Pleas Ct. Franklin Co. 1978.
Settled. Whether teachers have an immunity from defamation suits when
conducting an investigation into a theft of money by a student. Whether
parental -publication- of the investigation destroyed the necessary components
of a defamation suit. Ronald Plymale; Plymale & Chief fo, 529 S. 3rd Street,
Columbus 43215, 614-221-1166. < ' 3 »
■ CB y plark v. Bd. of Ed. of Hamilton Local School Plat . Common Pleas
Ct.. Franklin Co. 1977. Decision Apr. 1977, P. 367 N.E. 2d 69. The
plaintiff, who oompleted her work for graduation ahead of her class, sues to be
able to take part in the graduation ceremonies. Paul V. Pavlic, 150 E. Mound
Street, Columbus 43215, 614-221-8656.
„ CD L D ! ] ,» Qft Cou r twri g ht v * Newark City School Plat. Common Pleas Ct. Licking
Co. Sept. 1980. Decision Feb. 198I, D. Whether student can be expelled for
taking .,is car out of parking lot without the principal's permission, where the
principal wished to search the locked glove oompartment and had ordered the
student to leave the car in the lot. Jill McGruder; Mas & McGruder, 1919
Lanoaster Road, Granville 43023, 61 '1-587-3885.
u J;" 0 ,] . ig«j g* v- Lucas County Children Services Bd . U.S. Dist. Ct.
N.D. Mar. 1980. Class action. 14 CHR 379. Sp. Ed. Whether the local school
distriot violated the rights of handicapped ohildren who are wards of the state
by failing to appoint independent surrogate parents to represent their
interests in the special education due process procedures mandated under state
and federal laws. Ruth Weil, Advocates for Basic Legal Equality, Inc., 740
Spitzer Building, Toledo 43604, 419-255-0814.
155 160
[El] Bd. of *Ed«t City of Dayton v. State Dept. of Ed. Ohio Supreme
Ct# Hov. 1980* Suit to compel money for buses to be used for desegregations
John P. McHcgh; Pickrel, Schaeffer & Ebeling, 2700 Winters Tower, Dayton 45423,
513-223-1130.*
[Fl] DeCamp v. Bihn , U.S. Dist. Ct. S.D. Mar. 1981. TRO. Whether
18 year old student can photograph events in high school buildi»ig without prior
permission of superintendent. Whether the student can publish the photos.
Robert Newman, Cincinnati- Legal Aid, 901 9th and Elm Street, Cincinnati 45202,
513-241-9400. '
[S2] Demurs v. Avon School Dist . U.S. Dist. Ct. N.D. 1980. Decision,
D. Whether a student can be denied the opportunity to. try out for the golf *
team when there are no posted, rules explaining eligibility. Laurifce Koury,
209 Sixth Street, Lorain 44052, 216-244-3128.
[El] Dodd v. Rue . Common Pleas Ct. Hamilton Co. 1979* Class action.
Decision Dec. 1979, D. 411 N.E.2d 201. Whether the superintendent of schools
can assign white children to a predominantly black school district. William .
E. Flax, 414 Walnut Street, Cincinnati 45202 * 513-381 -6223.
[P4] Doe v. Lakota Local School Dist . U.S. Dist. Ct. N.D. Apr. 1981*
Class action. Whether school board can charge school fees to indigents.
Whether school district can punish child for parental inability to pay fees.
Carl Piccarretta, Advocates for Basic Legal Equality, Inc., 740 Spitzer
Building, Tbledo 43604, 419-255-0814,
[D3 D9] Dunaway v. Anderson High School Ath. Director . Ct. of Common
Pleas Hamilton Co. Dec. 1980. TRO Dec. 1980. Whether state statute
prescribing procedural rights for expulsion also applies to expulsion from
school basketball team. John E. Rockel; Rice & Labrigan, 36 East 4th Street*
Cincinnati 45202, 513-381-1070.
[Bl] , Ferris v. Paulding Exempted Village School Dist . Common Pleas
Ct. Paulding Co. May 1,980. Decision May 1981, P. Plaintiffs requested
injunction^ to prevent transfer of the eighth grade from an Oakwood school to
Paulding. John W. Leibold, 3006 North Higa Street, Columbus 43202,
614-267-5354.
[Dl] Franczkowski v. Hubbard Bd. of Ed . Common Pleas Ct. Trimble Co.
1981. Settled. Suspension for possession of marijuana— contested on grounds
that there was insufficient evidence of possession. Richard LaCivita, 1108
Wick Bidg., Youngstown 44503, 216-747-6362.
[D3 D9] Gaspari y, Brecksville Bd. of Ed . U.S. Dist. Ct. N.D. Mar.
1981. Whether school can deny participation in extracurricular activities
without some prc^dural due process. Thomas 0 1 Toole; Fetzek, Kulig,
Schleicher, & Ress, 5700 Pearl Road, Parma 44129, 216-842-8050. ,
[D8] > Geraci v.. St. Xavier High School . Common Pleas Ct'. 1978.
Decision, D. Ct. of Appeals decision 1979 f D. U.S. Supreme Ct. denied cert.
Contesting expulsion from private school for throwing a pie, claiming lack of
due process. Hyman Rosen, i005 1st National Bank Bldg. , 4th and Wuinut St.,
Cincinnati 45202, 513-6a-0828.
[D33 Glenn v. Harper . U.S. Dist. Ct. 1978. Decision 1978, D. CCA 6
1978* Decision 1980, D. 620 F.2d ,302. Contesting removal of girl from
cheerleader team. Whether there ia a constitutionally protected right to be on
a team. Robert Caraon; Caraon & Bockanic, 653 Broadway, Bedford 44146,
2X6-439-5959.
[D3] Glenn v. Son . Coonon Pleas Ct. Cuyahoga Co. 1978. Settled.
Slander and defamation in removal of girl from oheerleader team. Robert
Caraon; Carson 4 Bockanic, 653 Broadway, Bedford 44146, 216-439-5959.
C D1 X Oollnitz v. Kettering Bd. of Ed. Common Pleas Ct. Nov. 1978.
Decision, D. Ct. of Appeals Apr. 1979. Decision Mar. 1980, D. Contesting
suspension for being too' long. James R. Kirkland, Biegel, Kirkland & Berger,
Suite 518, ill W. First Street, Dayton 45402, 513-223-0697,
[0!] Griswold Institute v. Cleveland Bd. of Ed . Common Pleas Ct.
Cuyahoga Co. Nov. 1980. . Suit for declaratory Judgment that'a school was
accredited and for injunction to prevent state -from charging parents with
truancy for sending child to the school. William L. Blake, 830 Williamson
Bldg.., Cleveland 44114, 216-241-5730.
CH4] Haines v. Ohio" Dept. of Ed . U.S. Dist. Ct. S.D. May 1980. Sp.
Ed. Whether' a single I.Q. score alone can- disqualify a student from a learning
disability program. David Skrobat; Krumm, Schwenker, Fisher, 4 Hartschorn,
297 South High Street, Columbus 43215, 614-221.-6627.
[Dl]- Horvath v. Mad River Bd. of Ed . Common Pleas Ct. Montgomery Co.
1979. , Settled. Expulsion, of a senior for possession of cigarettes on school
grounds. Contested on equal protection and right to privacy grounds. Richard
Saphire, University of Dayton School of Law, Dayton 45469, 513-229-2820.
[SI S4] Hudkins v. Ohio High" School Ath. Ass'n . U.S. Dist. Ct. N.D.
1980. Decision Oct. 1980, M* Whether a girl was denied due process when
declared ineligible to participate in high school girls' tennis because 'she had
played independent tennis. Whether interscholastic athletics is a right
protected by the Fourteenth Amendment. Whether the Association must grant a
hearing. R. Kemp Lindsey; Prephan & Lindsey, 3123 Lagrange St., Toledo 43608,
419-244-4697. . • «
* > .0 •
[B3] ■ Jent v. Mount Healthy Bd. of Ed . Common Pleas Ct. Hamilton Co.
Apr. 1981. Decision Apr. 1981, D. .Whether the school board must provide
transportation for a child transferred to another school at ^request of parents
to escape, rigid disciplinary system. Karen Meador, Cincinnati Legal Aid, 901
Elm Street, Cincinnati 45202, 513-241-9400. • *
[H6] Jones v. Franklin Local Bd. of Ed . U.S. Dist. Ct. S.D. Dec.'
1980. Settled. Sp.'Ed. Whether state has to provide placement in a
hearing-impaired program in plaintiff's school district. ' Randy Lewis; Ohio
Legal Rights Service, 8 E. Long Street, Columbus 43215, 614-466-7264.
1 ■ -<
iS2] Kaufman v. Ohio High School Ath. Ass'n . Common Pleas Ct.
Franklin Co. 1930. Decision 1980, D. Ct. of Appeals 1981. Decision 1981,
D. A student contests being ruled ineligible for a swimming tournament
because he swam for a non-school team. Gerald Dicuccio, 50 W. Broad Street,
Columbus 43215, 614-221-3151.
C'D3 D9] Lehman v. Amherst Exempted School Dist . U.S. Dist. Ct. N.D.
1978. Settled. Whether the removal of a student from extracurricular
activitiea met the notice, and hearing requirements of the Ohio Code. Laurice
Koury, 209 Sixth Street, Suite 20, Lorain 44052, 216-244-3128.
157 162
[El] Lorain NAACP v. Lorain Bd> of Ed > U.S* Dist. Ct. N.D. -JSept.
1979* Class .action* Whether the school board ispursuing intentional racial
segregation policies. James L. Hardim&n; Hardiman, Feld, Riffe, Wade, &
Watson, 215 Euclid St., Cleveland 441114, 216-241-6660.
[B6] * Mad River Bd,. of Ed. v. Thompson . Common Pleas Ct. Montgomery
Co. 1,980. Decision, P. Suit to enjoin angry parent to keep away from school
during graduation ceremonies (the parent had threatened to disrupt ceremonies
^ because son did not graduate). Michael Bridge, 1400 4st National Plaza,
Dayton 45402, 513-224-1981.
CS2] f Menke v. Ohio High School Ath. Ass'n . Common Pleas Ct. Hamilton
Co. 1980. Decisiori-a980, D. Ct. of Appeals 1980. Student attacked'
defendants rule that students are ineligible for sports if their parents live
in another state. Sylvan A. Reisenfeld, 700 Executive Building, Cincinnati
45202, 513-381-6810. ■ *
I [&3 P9] Miller v. S uperintendent . Common Pleas Ct. Clermont Co.
1977-74* ' Decision, D. Whether a high school superintendent can suspend a
student from interscholastio sports under the Ohio Code without a hearing.
Whether school rules apply to a student f s activity on his own time. Arnold
Morelli; Bauer, Morelli N 4 Heyd, 503 Executive Building, 35 East "th Street,
Cincinnati 45202, 513-241-3676.
* >*
C°5] - Morganstern v. Beard. U.S. Dist. Ct. N.D. 1980. Whether the
\ school principal violated child 1 s Foui*th Amendment rights by arranging for a
^ strip search, for drugs, of a 14-year-old girl in the presence of fo3ter mother
r and social worker. Bruce A. Campbell, ACLU of Ohio, 360 S. Third Street,
* Cplumbus 43215,' 614-228-8952.
~ [Bl] . .Moss v. Columbus Bd. of Ed . Common Pleas Ct. Franklin Co. 1977.
Decision Apr. 1978, P. 379 N.E. 2d 275. Suit, based on state statute,
0 , seeking to attend neighborhood school. Robert K. Hammersmith, 103 Arden Road,
Columbus 43214, 614-261-8874. > ^ *
[Bl] Nawaki v. Ohio State Bd. of Ed. Common Pleas Ct. Franklin Co.
Sept.' 1979. Plaintiffs seek to transfer from the Cleveland school district to
the Cuyahoga Heights school diatrict. Peter Lotrasso, Columbus.
[D8] Nestor v. Pi relands School Dist . U.S. pist. Ct. N.D. 1978. TRO,
then settled. Suit contesting student suspension; alleging lack of proper
hearing and personal bias on the part of the principal. Benjamin 3. Sheerer,
614 West Superior Street, Cleveland 44113, 216-241-3646.
[Rl SI] Pavlov v. Ohio High School Ath. A3s f n . Common Pleas Ct. Mahoning
Co. Aug. 1980. Decision 1980, D. Student contested a rule that a
transferring student is eligible to play sports only if permitted by the school
from which he transferred. Student wanted to transfer from public to religious
school. Richard LaCi vita, 1108 Wick Building, Youngstown 44503, 216-747-6362.
[S3] Pecoraro v. Ohio High School Ath. Ass'n . Coamon Pleas Ct.
Hamilton Co. 1978. Class action. Decision July 1980, D. Ct. of Appeals
• 1980. Power of Association to prohibit student from participating in private
soccer league after school league finishes. Jarues B. Heath; Dooley, Heath 4 '
Schneider, 5827 Happy Hollow Road, Milford 45150, 513-831-2142. . *
0
v CM] t Fhluger v. Keller , U.S. Dist. Ct. N.D. Aug. 1980. Whether
public school district can deny a student admission because his parents have an
^outstanding debt to school. Carl Piccarretta, Advocates for Basic Legal
Equality, Inc. f 740 Spitzer Building, Toledo 43604, 419-255-0814.
[H4 H5 H6 H73 Rettig v. Kent City School District . U.S. Dist. Ct. N.D.
Class action denied. Sp. Ed. Whether Autistic child is entitled to more than
180^ days 0$ school. Whether use of standardized testing violates 94-142.
Alleges lack of extracurricular .activities for handicapped children, lack of
relates services such as occupational therapy, and lack of in-service training
of teachers, administrators and parents. Seeks compensatory education until
child is ag©rC27 because the child was denied entry .into the school system in
earlier years and has not received appropriate education since enrollment.
Edward G. Kramer, 701 Citizens Building, Cleveland 44114,. 216-621-3377.
6
[HO] Roncker v. Walter. U.S. DSit. Ct. S.D. Jan. 1980. Class
. , action. Sp. Bd. State policy on trainable. mentally retarded children under
43 215 2 * 614^6 o 7 SS 6 "' 01110 Legal Ri8htS ServUse3 ' 8 E * Street, Columbus
[H6 PI] Ross- v. Cleveland School 3d . U.S. Dist. Ct'. N.D. 1979. Decision
Jan. 1980, D. Sp. Ed. Suit to have a deaf child placed in the school
system. Damages "sought. The court held that the.plaintiff must first exhaust
administrative remedies. Jeffrey H. Friedman; Friedman and Chenette, 336
Standard Building,, Cleveland i»i»113, 216-621-0070.
tH2] ' . Selely'o . v. Drury . U.S. Dist* Ct. S.D. Dec. 1978. EHLR 551:254,
12 CHR 735. Sp. Ed. Whether the local school district "should provide a less*
restrictive. environment for a handicapped child who is presently with a
separate agency. Barry Cohen, Ohio Legal Rights Services, 8 E. Long Street,
Columbus- i»3215, 614-466-7264. '
. »
t 03 -] Settlage v. New Knoxville Local School Dist. Bd. of Ed . Common
Ple^s Ct. Auglaize Co'. 1980.- ■ Suit by parents of children ip a vocational
school claiming that the de/endant should pay the vocational school tuition.
Gary W.- Herman; Stroble, Moser & Herman, 108 W. Auglaize, Wapakoneta 45895,
419-738-4417.
' [HI] Smith v. Ohio Dept. of Ed . U.S. Dist. Ct. Apr. 1981. Sp. Ed.
Whether state provided services for autistic minor that met §504 and 94-142
' requirements. Keith A. Noethlich ; Hoethlich & Whittaker, 765 Front Street,
Columbus 43206, 614-445-8308.
t E1 3 . United States v. Lima City School Dist . U.S. Dist. Ct. N.D. Dec.
'1980. .Suit for desegregation of. Lima schools. Richard J. Epps, Civil Rights*
Division, Room 7541, Department of Justice, Washington, D.C. 20530, *
• 202-633-4742. *
[D7 D9] Waite v. Columbus City School Dist. Bd. of Ed . Common Pleas Ct.
Franklin Co. 1978. Decision Mar. 1980, D. Ct. of Appeals, 1980. Decision
1980, D. Review refused by Ohio Supreme Ct. Whether a child can be
transferred from a school, for disciplinary reasons, without the due process
procedures necessary for expulsion. Bruce A. Campbell, ACLU, 360 S. Third
St., Columhus 43215 t 614-228-8952.
C E6 3 < ^WWervil-le City School Dist . v. Ohio High School Ath. As s'n.
• Common P^eas Franklin Co. 1980. Class action. Decision 1980, D. The
ERjC *; 159 164
aohqpl oonteated the Association's ruling that combining girls 1 and boys 1
swiping classes is invalid/ Robert Albright, 171*E. Broad Street, 20th
Floor, Coluubus 13215, 611-228^71 1.
CS2] Winyard v. Ohio High School Ath. Ass'n . Common Pleas Ct.
Trumbull Co. 1980* Student oontests the Associations ruling that he is
^ineligible for sports under the eight semester rule, James Messinger;
Henderson, Covington, Stein, Dorichess & Messinger, 600 Hick Building,
Youngstown 11503, 216-711-1118.
[S2] Wohlender v. Ohio High School Ath«-Ass'n . Common Pleas. Ct.
Hamilton Co* 1979* Settled.- Student attacked defendant 1 * rule that students,
are ineligible for sports when their parents live in another state, -Sylvan P.
Reisonfeld, 700 Executive Building, Cincinnati 15202, 513-381-6810.
[H5 S2] Woods v. Ohio High School Ath, Ass'n , U.S. Dist. Ct. S.D. 1980.
Dismissed by plaintiff (and filed in state ct). Sp. Ed. Whether a special
education student, mainlined after losing a grade in a program for the deaf,
'can bo disqualified ^frora playing high school sports due to age limit. Richard
Gerhardt, 113 West Franklin St., Circleville 13113, 611-837-5383.
[H5 S2] Woods v. Ohio High School Ath. Ass'n . Common Pleas Ct. Pickaway
Cc. 1980. Decision P. Ct. of Appeals. Sp. Ed. Whether a special education
student, mainlined after losing a grade in a program for the deaf, can be *
disqualified from playing high school sports due to age limit. Richard
Gerhardt, 113 West Franklin St.% Circleville 13113, 611-837,-5383.
[Dl] Wyatt v. Quisenberry . Common Pleas Ct. Butler Co. 1980.,
Decision D. Ct. of Appeals. Withdrawn. Student contests expulsion for
drinking, on grounds that the code of discipline is vague and does not define
"intoxication." Jack Cornett, 1100 Eaton Avenue, Hamilton 15011, 513-863-5533.
[E6 ] Yellowsprings Exempted Village School Bd. v. Ohio High School
Ath. Ass'n . U.S. Dist. Ct. S.D. 1977- Decision 1978, P. 113 F. Supp. 753.
CCA 6 1978.* Decision Apr. 1981, M, remanded. Whether defendant's rules
prohibiting co-ed contact sports violate federal law. Charles Guerrier,
.Women's Law Fund, 1621 Euclid Avenue, Cleveland 11115* 216-621-3113.
OKLAHOMA 4
[SI] m Adkins v. Mason . Dist. Ct. Oklahoma Co. 1980. Decision 1980,
D. Eligibility of two girl basketball players after changing schools. John
Couch; Pierce, Couch, He o ndricksoq, Johnston & Baysinger, 3200 Liberty Tower,
Oklahoma City 73102, 105-235-1611.
[E6] Allen v., Oklahoma Secondary School Activities Ass'n . Dist. Ct.
Oklahoma Co. 1977. Temporary' injunction 1977. Whether a female basketball
player can be excluded from a male team. Billy Jack Hendryx, 1900 N. Portand,
Suite 111, Oklahoma City 73112, 105-912-8591.
[H2] Baker v. Butler Oklahoma Public Schools et al^ U.S. Dist. Ct. *
W.D. Aug. 1978. Settled. Sp. Ed. Injunction action t^ place a handicapped
160
ohild in public schools. William R. Corum, 715 N.E. 17th Street, Oklahoma
City 73105, 405-523-5013.
[HI] Baker v. Butler Public School Di3t. U.S. Dist. Ct. W.D. 1979.
Settled. Sp.'Ed. Qiallenge to school^ refusal to provide special placement
for mentally retarded ohild. Dr. Robert M. VanOsdol, Protection & Advocacy
Agency for DD, .9726 E. 42nd St., Tulsa 74145, 918-664-5883.
• [R2 R3] Bell v. Little Axe School Dist. U.S. Dist. Ct. W.D. Msy 1981.
Challenge to state law allowing prayer in the schools. Challenge to school's
practice of distributing bibles in school. Michael C. Salem; Randon & Salem,
,2215 W. Lindsey, Suite 112, Norman 73069, 405-360-1302.
[K6] Berrx v. Ind. School Dist. No. 1. Tulsa Co . Dist. Ct. Tulsa Co.
Dec. 0.978. Decision Jan. 1979, D. Sp. Ed. Suit to obtain special services
for handicapped child. Allen B. Mitchell; Thompson & Mitchell P.O. Box 190.
Sapirlpa 74066, 918-224-5750.
[H6 H6] Berry v. Janda . U.S. Dist. Ct. N.D. Oct. 1980. Class action.
Sp. Ed. Sec. 504 action alleging inappropriate placement of handicapped child
and seeking special education, transportation, and* six hour school day for
handicapped children. Allen B. Mitchell; Thompson & Mitchell P.O. Box 190,
Sapulpa 74066, 918-224-5750.
[H6] Brasier v. Dept. of Institutional and Rehabilitative Services .
U.S. Dist. Ct. 1978. Settled 1978. Sp. Ed. Suit to provide appropriate
services for handicapped child. . Allen B. Mitchell; Thompson & Mitchell, P.O.
Box 190, Sapulpa 74066, 918-224-5750.
t B1 H5 1 Broken Arrow Public School v. State Dept. of Ed . U.S. Dist. Ct.
N.D. Mar. 1981. Sp. Ed. Whether a 21-year-old mentally retarded' person in a
private, • full-care facility is a resident entitled to educational services from
the school district, and whether she has already received the 12 years of free
public schooling mandated by state statute. ftonald L. Day; Fenton, Fenton,
Smith, ReneaU & Moon, 200 Court Plaza, Oklahoma City 73102, 405-235-4671.
[Bl] . Burdick v. Ind. School Dist. 52 . Dist. Ct. Oklahoma Co. 1980.
Whether students living on the boundary between school districts should attend
Oklahoma City schools or the Midwest City— Del City schools. Jack B. Fried;
Kilpatrick, Jordan & Fried, 3900 S.E. 29th Street, Del City 73115, 405-672-7845.
[HI] Cain v. Yukon Public School Dist. U.S. Dist. Ct. W.D. Feb.
1981. Sp. Ed. Suit for reimbursement of tuition and other expenses for the
out-of-state residential placement, by parents, of an emotionally disturbed and
retarded child, alleging that the school district has failed to provide the
appropriate education to which the child is entitled. George H. Ramey, P.O.
Box 106, Yukon 73099s 405-354-1987.
[H6] Ca rter v. Ind. School Dist. No. 6 Sequoyah Co . U.S. Dist. Ct.
W.D. Sept.. 1980. Sp. Ed. Appropriate education for 4 visually handicapped
child. Dr. Jon Tom Staton, P.O. Box 1096, Muskogee 74401, 918-683-4440.
[HO] Cole v. Dept. of Institutional and Rehabilitative Services . U.S.
Dis';. Ct. 1977. Settled 1978. Sp. Ed. Suit to compel Department to comply
with 94-142. Alien B. Mitchell; Thompson & Mitchell, P.O. Box 190, Sapulpa
74066, 918-224-5750.
166
[HO] Cole v. Dept. of Institutional and Rehabilitative Services , U.S.
Dist. Ct. 1978. Settled 1978. Sp. Ed. Suit to obtain access to school
medical and educational records of handicapped children. Allen B. Mitchell;
Thompson 4 Mitchell, P.O. Box 190, Sapulpa 74066, 918-224-5750.
[S2 S4] Conner v. Oklahoma Secondary School Activities Ass'n. Dist. Ct .
Oklahoma Co. May 19 81. Preliminary injunction May 1981. Whether the
association denied due process to students in not granting the students a
hearing after it declared the students ineligible for signing, then destroying,
collegiate letters of intent. Robert Alexander, 1700 Liberty Tower, Oklahoma
City 73102, 405-235-7700.
[D4 D8] Davis v. Oklahoma School Dist. 9 . Dist. Ct. Oklahoma Co. 1977.
Settled. Child was to be spanked because. she had been late to school and then
she was suspended wituuut a hearing when she refused to be spanked. William
R. Corum, 715 N.E. 17th Street, Oklahoma City 73105, 405-523-5013.
[ p2 3 Deer Creek-Lamont Public Schools v. Maddox . Dist. Ct. Grant Co.
Mar. 1981. Decision Apr. 1981, P. Sp. Ed. Application for injunction to
prevent a 94-142 due process hearing in regard to the expulsion of a
handicapped child on the grounds that the state statute on student discipline
is controlling and that the state cannot agree to 94-142 rules that conflict
with its own statute. Stephen Jones; Jones & Gungoll, P.O. Box 3339, Enid
73701, 405-233-4321.
[Bl] DeMarsh v. Payzant . U.S. Dist. Ct. 1980. A father of an
Oklahoma City student sued to force the school board to transfer his son from
one junior high school to another because the son faces retaliation from
students for reporting marijuana smokers to authorities. Pro se. Defense
attorney is William P. Bleakley, 12C0 N. Shartel 73103, 405-232-2414.
[E7] Fair School Finance Council of Oklahoma, Inc. v. The State of
Oklahoma . Dist. Ct. Oklahomt Co. July 1980. Class Action. Decision Feb.
1981, D. Oklahoma Supreme Ct. Mar. 19 81. Challenge to financing of public
education through ad valorem taxes, to state aid formula and to the school
financing system in general. M. David Riggs; Chapel, 'Wilkinson, Riggs, Abney
& Kiefer, 502 W. 6th St., Tulsa 74119, 918-587-3161.
[E7] Ford v. Winters . Supreme Ct. July 1977. Decision Sept. 1977,
D. Students and taxpayers claim that the state school aid formula violates
the equal protection clause of the state constitution. The court declined to
take jurisdiction. William W. Gordon, address unknown.
[S3] Hlghtower v. Oklahoma Secondary Schools Activities As3 f n. Dist.
Ct. Oklahoma Co. 1977. Decision 1977, D. Student contested ineligibility for
sports becauso he is over the age limit set by the Association. Mike
Mitchell, P.O. Box 588, Woodward 73801, 405-254-344?.
[SI] Hyde v. Oklahoma Secondary School Activities Ass f n. Dist. Ct.
Oklahoma Co. 1977. Decision 1977, D, Contesting the transfer rule in SDorts
eligibility where student did not play for team in the prior school. Herbert
Hyde, 1804 Coventry Lane, Oklahoma City 73120, 405-521-3638.
[H6] Ind. School Dist. No. 52 v. Austain. Dist. Ct. Oklahoma Co.
Feb. 1980. Sp. Ed. Appeal from hearing officer's decision that air
conditioning be provided in the classroom for a child suffering from a skin
problem. James F. Howell; Howell, Webber & Sharpe, P.O. Box 10798, Midwest
City 73140, 405-524-0128.
ERIC/'-' 162167
CE6] iones v. Oklahoma Secondary School Activities Ass'n. et al. U.S.
Dist. Ct. W.D. 1978. Decision 1978, D. CCA 10 1978. Moot. Claim that not
allowing girls to participate in full court basketball is a' denial of equal
protection and violates Title IX. The trial court ruled there was no federal
question. Sylvia Marks-Barnett, 1215 Classen Drive, Oklahoma City 73103,
4 05-2 39-6 707.
[H6] Kildare School Dist. v. State Dept. of Ed . Dist. Ct. Kay Co.
Feb. 19B1. Sp. Ed. Appeal by school district from ruling by hearing officer
that the school should provide a registered nurse for the catheterization of a
handicapped child. R. Michael Pool; Pool, Lee 4 Franseen, 3305 N. 14th St..
Ponoa City 74601, 405-762-3402. imp*, at.,
[H5 S2] Ma han v. Oklahoma High School Activities Ass'n . Dist. Ct.
Oklahoma Co. Apr. 1980. Deoision May 1980, P. Sp. Ed. Whether a dyslexic
boy, who was still in school because the school had failed to provide special
education for him, should be allowed to compete in track meets, though he was
over age according to • the Association rules. Dr. Jon Tom Staton, P.O. Box
1096, Muskogee 74401, 918^683-4440.
CD4 D8] Morrison v. School Bd. Dist. 95 Grant Co. 'Dist. Ct. Grant Co.
1981. Charging l*ek of due process in corporal punishment and suspension.
Mrs. Lynn M. Barnett, 2412 Classen Boulevard, Oklahoma City 73106, f 05-232-1609.
[SI] Mozingo v. Oklahoaa Secondary School Activities Ass'n. Dist. Ct.
Mays Co. 1977. Decision 1977, P. Ct. of Appeals decision Feb. 1978, D. 575
P. 2d 1379. Student contests ineligibility for sports after changing
schools. John M. Crockett, P.O. Box 801, Pryor 74361, 918-434-2716.
Nolon v. Oklahoma Secondary School Activities Ass'n. Dist. Ct.
1980. Decision 1980, D. - Whether the association had the power to suspend a
football player from future games without giving him a hearing. Tim Baker;
Baker & Willis, 218 S. Muskogee Avenue, Tahlequah 74464, 918-456-0618.
CK7] Paulson v. Ind. School Dist. No. 1. Tulsa Co . U.S. Mst. Ct.
N.D. June 1978. Moot. Sp. Ed. Year round education for handic?pped child.
Allen B. Mitchell; Thompson & Mitchell, P.O. Box 190, Sapulpa 740o6.
'918-224-5750.
CD4] Reirdon v. Wllburton Bd. of Ed. Dist, Ct. Latimer Co. Nov.
1978. Decision D. State Supreme Ct. 1979. Decision 1979, P. Pem'anded.
Suit for damages for corporal punishment in school. Mary Ann Coleu^n. P.O.
•434, Talihina 74571, 918-567-2331. '
[S2] Ridenour v. Oklahoma Secondary School Activ :ies Ass't:. Dist.
Ct. Tulsa Co. 1980. Decision 1980, D. Sports eligibility" J. C. Baker;
Baker, Baker & Gasaway, 1850 S. Boulder, Tulsa 74119, 918-587-1168.
[E3] Varshosaz v. Putnam City Ind. School Dist. Dist. Ct. Oklahoma V
Co. 1980. Temporary injunction. City school began a policy of requiring
tuition for children of visa-carrying adults. Sidney D. Brown, 1219 CJassen
Drive, Suite 100, Oklahoma City 73103, 405-232-1242. '
163
163
OREGON
[HI] Arens v. Dallas School Dist . Cir. Ct. Marion Co. Sept. 1979-
Deoi3ion Apr. 1980, D. Sp. Ed. Whether a child with severe behavior problems
from brain damage must become a ward of the court in order to receive education
. at state institution. Daniel J. Gatti; Gatti & Gatti, 1761 Liberty South,
Salem 97302, 503-363-3443.
[HI] Arens v. Dallas School Dist. U.S. Dist. Ct. May 1980. Decision
Dec. 1980, P. Sp. Ed. Whether a child with severe behavioral problems from
brain damage must become a ward of the court in order to receive education at
state institution. Daniel J. Gatti; Gatti & Gatti, 1761 Liberty South, Salem"
97302, 503-363-3443.
[D5] Bilbrey v. Brown . U.S. Dist. Ct. May 1978. Class action.
Partial summary judgment Oct. 1979, D. 481 F. Supp. 26. Decision, D. CCA 9.
13 CHR 449. Whether searches of. plaintiffs' persons for drugs, without a
warrant, were unreasonable, and violated plaintiff's rights to due process,
equal protection and privacy. David B. Hatton, Oregon Legal Services Corp.,
115 North 21st St., St. Helens 97051, 503-397-1871.
[H2] Bonar v. Pitney . U.S. Dist. Ct. June 1979* Sp. Ed. Suit to
obtain appropriate special education in the local school instead of bussing the
handicapped child three hours a day to a special school outside the district*
Stephen Brischetto, Oregon DD and Advocacy Center, 621 S.W. Morrison Ave.,
Portland 97205, 503-243-2081.
[S2] Casey v. Oregon School Activities Ass'n. Cir. Ct. Washington Co.
1979* Decision 1979, D. Plaintiff contests ineligibility for sports after
turning 19 years old. Michael McElligott, 232 N.E. Lincoln St., Hillsboro
97123, 503-640-3695.
[HI] Chatter ton v. Lincoln County School Bd . U.S. Dist. Ct. 1978.
Decision Nov. 1979t D. ELB 918. Sp. Bd. Whether child should be educated at
home, as school wished, or placed in residential training as the parents
sought. Daniel J. Gatti; Gatti & Gatti, 1761 Liberty South, Salem 97302,
503-363-3443.
[Fl] Clark v. Gladstone School Dist. U.S. Dist. Ct. 1979. Class
Action. Settled. Student challenges the school's refusal to permit the
school newspaper to publish an article critical of the school board. Charles
F. Hinkle; Stoel, Rives, Boley, Frazier, and Wyse, 900 S.W. Fifth Ave.,
Portland 97204, 503-224-3380.
[Rl SI] Cooper v. Oregon School Activities Ass'n. Cir. Ct. 1979.
Decision 1979, D. Ct. of Appeals D6c. 1979. Decision 1981, D. Two students
were ruled ineligible for sports after they transferred from private to public
schools. The Association decision was contested on First Amendment, due
process, and equal protection grounds. Daniel Skerritt, 111 S.W. Columbia,
Portland 97201, 503-226-1191.
[HI] Cruz v. Peterson . U.S. Dist. Ct. Feb. 1981. Sp. Ed. Parent of
a deaf-blind child seeks a special education teacher with special training in
the areas of hearing and vision impairment for her child, as well as
lap
reimbursement for out-of-district placement. Steve Brischetto, Oregon D D
Advocacy Center, 621 S.W. Morrison St., Rm. 713, Portland 97205, 503-243-2081.
_ [H J^ Hilden v. Evans. U.S. Dist. Ct. June I98O. Decision Nov. 198O.
P. CCA 9 Dec. 1980. EHLR 552:299. Sp. Ed. Whether the summer school
program for handicapped children was appropriate. Attorney's fees were allowed
for the administrative proceedings as well as for the court case! ISpSn
tJ',^ DD Snd Advoca °y *nter, 621 S.W. Morrison Ave., Portland
97205, 503-243-2031; Elden Rosenthal; Rosenthal * Greene, Portland, Co-counsel.
197? S ?RO iQ7£ 8BaL <J;» ( ** W ? n y° 01 Aotlvities Cir. Ct. Clackamas Co.
Li a 9 '' m 8 ?" con J estin « the association's rule that children
attending a parochial school outside the school district where they live are
503-6 55-0105T * P ° rtS * PftUl G * R ° beCk ' 18808 S * E * midred ' Milwaukie 97222,
Jf*] Jackson v . Oregon School Activities Asg^n. Cir. Ct. Lane Co.
1900. Settled. Whether student who had detrimentally relied on previous
Association rule could be barred from playing sports when a 19 year old cutoff
r imposed - Whether the Association violated an Oregon statute
rorbidding discrimination on basis of age. Robert Dickenson, 777 High Street
Eugene 97401, 503-484-9141. street,
»
»J S2 } o« « Jenkins v - Oregon Scho ol Activities Aaa'h . C ir. Ct. Lane Co.
Nov. 198O. Decision Feb, 1981, D. U.S. Dist. ct. Feb. 1981. Preliminary
injunction denied, then moot. Sp. Ed. Whether Association rule that students
over 18 could not participate is discriminatory and in conflict with rules
under 94-142. Larry R. Roloff, 834 Pearl St., Eugene 97401, 503-686-8695.
mill 0 ^ , , Jenkins v * Oregon Schoo l Activities Wn. Cir. Ct. Lane Co.
1980. Decision l 9 8l, D. bt. of Appeals Feb. l 9 8l. Sp". Ed. Whether the
defendant's rule making 19 year old students ineligible for sports can be
JTip J,,* har \ di o aPPed ch > ld wno repeated grades due to his handicap. Larry
Roloff, 834 Pearl Street, Eugene 97401, 503-686-8695.
rr [ A F o 3 t 1n „ i 0hM °S v. Stuart. U.S. Dist. Ct. 1978. Decision May 198O, D.
CCA 9 June 1980. ELB 986. Authority of state to proscribe use of a text
which departs from state views on patriotism as reflected in state statute.
David H. Wilson, Jr., 520 S.W. Yamhill, Portland 97204, 503-226-6151.
cJ S2 aI 1n0l Kr ^! g f r - / < Oreg 0 " School Activities A«*'n. Cir. Ct. Multnomah
Co. Apr. 198I. Decision Apr. l 9 8l, D. Suit contesting the age limitation
rule for sports eligibility, claiming that the rule was not established
according to the Association's procedures. Craig K. Edwards, N.W. Legal
Clinic, 310 S.W. Fourth Ave., Portland 97204, 503-222-6429.
*. J D1 J 83 , V * ^* Cir * Ct * 900(1 River 00 • 1978. ELB 738. Whether
the school rule providing for automatic expulsion after the fifth suspension
was unconstitutional because it denied due process. Ira R. Zarov, Oregon
Legal Services Corp., 2328 Northwest Everett St., Portland 97210, 503-223-7502.
CHI H7] Mahoney v. Administration School Dist. No. 1. fr>nri . ct. of
Appeals 1979. Decision Oct. 1979, P. 601 P. 2d 826. Sp. EdfT Whether
hearing officer's decision that residential placement is necessary is, in
errect, a determination that the school district must pay the cost of such
placement. Whether the school district must pay for full year residential
503-363-3443. Daniel J ' * ° atti ' 1761 Li ° erty South ' ^ 97302 '
165
170
[D9] Noonan v. Lake Oswego School Dist. Cir. Ct. Clackamas Co. May
1981. Decision May 1981, D. Student sues to participate in commencement
activities (after the school refused to allow it as punishment for misbehavior)
v * claiming unsufficient notices of the hearing. James T. Roberson, 1500 Orbanco
< Blag., 1001 S.W. Fifth Ave. f Portland 97204, 503-228-6277*
[H4 ri6] Savaria v. Russell . U.S. Dist. Ct. June 1980. Cl-abs action. 14
CHR 579* Sp. Bd. Allegations of misclassification as EMR, rather than as
hyperactive learning disabled; beating by teacher, lack of notice to parent of
rights; and failure to provide proper education; constituting violation of
* 94-142, 504 and Fourteenth Amendment. Ira R. Zarov, Oregon Legal Services
Corp., 2328 Northwest Everett St., Portland 97210, 503-223-7502.
[S2] Smith v. Oregon School Activities Ass'n. Cir. ?c. Lane Co.
1980. Withdrawn. Student sues to play football after being ruled ineligible
for being enrolled too many semesters. Larry Anderson; Anderson & Smejkal,
P.O. Box 848, Eugene 97440, 503-484-0110.
[Fl] Weaver v. School Dist. 4J . U.S. Dist. Ct^ Aug. 1977. Class
action. Withdrawn. Challenge to high school 1 s refusal to permit gay
organization to place an ad in the student paper, alleging violation of free
speech and equal protection rights. Charles F. HinVrle; Stoel, Rives, Boley,
Frazier, and Wyse, 900 ^.W. Fifth Ave., Portland 97204, 503-224-3380.
[SI] Whipple v. Oregon School Activities Ass'n. Cir. Ct. Washington
Co. 1979. Decision 1979, D. Ct. of Appeals April 1980. Suit attacking the
transfer rule concerning sports eligibility. Stewart Whipple; Whipple,
Johansen 4 McClain, 6501 S.W.' Macadam Avenue, Portland 97201, 503-246-7722.
PENNSYLVANIA
[B3] Abrahams v. Wallenpaupack Area School Dist . Common Pleas Ct„
Pike Co. 1979* Decision 1980, D. Commonwealth Ct. 1980. Decision Nov. 1980,
D. 422 A. 2d 1201. Whether School Board committed abuse of discretion or
error in decision to discontinue bus service in interior roads of private
residential development. Randolph T. Borden, Star Route #2, Box 24, Hawley
18428, 717-226-6464.
[Dl] Ab rem ski v. Southeastern School Dist. Common Pleas Ct , York Co.
1978. Decision, D. Pennsylvania Supreme Ct. Decision Oct. 1980, D. 421 A. 2d
485. Whether school board had the authority to suspend Students for smoking
marijuana on a school bus, and whether a 40-day suspension was improper.
Edward B. Gola, 9 W. Pennsylvania Avenue, Stewartstown 17363i 717-993-3039.
[S2] Adamek v. Pennsylvania Interscholastic Ath. AssMii Common Pleas
Ct. Allegheny Co. 1979. Decision 1979, P. Commonwealth Ct. 1979. Decision
Mar. 1981, D. Petition of review to Pennsylvania Supreme Ct. 1981. Suit
contesting the defendant's ruling that a student was ineligible to play
football because of low academic standing. Thomas Smith, 3180 U.S. Steel
Building, Pittsburgh 15219, 412-281-7272.
[H7] Armstrong v. Kline. See Battle v. Commonwealth , infra .
ERLC
166
171
[S3] Banjce y. Pennsylvania Interscholastic Ath. Ass'n. Western
gylglon Golf Tournament. Common Pleas Ct. Allegheny Co, Sept. 198O.
Settled. Student seeks relief from a rule that a schoaW representative must
accompany eaoh contestant to the playoffs (school was on strike). John R.
Banke, 677 Blue Ridge Road, Pittsburgh 15239, 412-327-6777.
[H7] Battle v. Commonwealth of Pennsylvania ( Armstrong v. Kline
below). U.S. Dist. Ct. s.D. Jan. 1978. Class Action. Decision Jun7T979, P.
5 76 f; Su £ p * 583, CCA 3 1979 ' Decision July 198O, P. 629 F. 2d 269.
Petition for Cert. Nov. 198O. Sp. Bd. Challenge to state rule that limited
the number of school days to 180, on the grounds that it violates 94-142 and
that handicapped children may need 12 months of special education. Janet F.
If ioo left™* i0n UW Center ' 225 S ' 15th Street ' Philadelphia 19102,
__ [S2 ^ Beck v. Pennsylvani a Interscholastic Ath. Ass'n . Common Pleas
Ct. Snyder Co. 1979. Tecision 1979, D. student challenges the defendant's
rule limiting the number of semesters he can be eligible for sports. Roger
Wiest; Wiest, Wiest & Saylor, 244 Market Street, Sunbury 1.7801, 717-286-7777.
CB2] Beegle v. Greene astle- Antrim School Dist. Common Pleas Ct.
Franklin Co. 1977. Decision Feb. 1978, D. Commonwealth Ct., decision Apr.
1979, D. suit by parents to prevent closing of a school, alleging that class
siae would increase and overcrowding of other schools would result. Frederic
Antoun, Jr. , Chambersburg Trust Bldg., Chambersburg 17201, 717-263-3567.
J£\ nls^T V * U ' S - Di3t * Ct « E ' D - Au «- 1978. Class Action.
Settled. 12 CHR 362. Sp. Ed. Suit for a residential, twelve month program,
for improved services, and for increased access to due process hearings.
215 e 732 t 6655 nd ' EdUCation Uw Center ' 225 S « 15th s ^et, Philadelphia 19102,
[S2J Burner v. Neff. Common Pleas Ct. York Co. Mar. 1978. Settled.
Whether a boy with a single testicle should be allowed to play contact
sports. Robert Sprenkle, Jr. , address unknown.
[D3 (__v_ v. Connellsvil le Area Bd. of School Directors . Common Pleas
ct. Oct 1980. Settled. High school football players were suspended from
class and the football team for use of drugs; the suspensions are contested on
tne grounds that there was no due process hearing. Charles W. Watson; McCue &
Watson, 813 Blackstone Road, Connellsville 15425, 412-628-5150.
[01 3 * Central Yo rk School Dist. v. Commissioner. Dept. of Ed .
Commonwealth Ct. Nov. 1977. Decision Mar. 1979, M. 399 A. 2d 167. Appeal by
the school district from order for special education of gifted student where
the state failed to provide "excess cost" funding as required by state law.
Henry B. Leader; Stock and Leader, 35 S. Duke Street, York 17401, 717-843-7841.
[Dl] Collins v. McKeesport School Dist . Common Pleas Ct. Allegheny
n °?!;_ rt 1978, Deciaion Feb - !979, P. Commonwealth Ct. Mar. 1979. Decision
Dec. 1980, P. 423 A. 2d 1112. Whether expelling student for tussling with
teacher was excessive punishment. On appeal, whether lower court abused its
discretion in deciding that expulsion was too severe. Lorraine D. Taylor,
Neighborhood Legal Services, 332 Fifth Ave., McKeesport 15132, 412-678-0195.
[S2] Cowell v . Pennsylvania Intsrscholastic Ath. Ass'n . Common Pleas
Ct. Allegheny Co. 198O. Decision 1980, D. Student contests the
167
eight-semester standard for sports eligibility, claiming that exemptions were
given others in same situation* Michael Manzo; Berkraan, Ruslander, Pohl,
Lieber & Engel, Frick Building, 20th Floor, Pittsburgh 15219, 412-392-2000.
[S2] Daniels v. Pennsylvania Interscholastic Ath. As3 f n . Common Pleas
Ct. Allegheny Co. Aug. 1980. Decision Aug. 1980, D. Student contests sports
ineligibility under the eight-semester rule. Gary N. Baltman, 912 Frick
Building, Pittsburgh 15219, 412-261-4050.
[E73 Danson v. Casey . Commonwealth Ct. Apr. 1977* Decision Feb.
1978. D. 382 A. 2d 1238. State Supreme Ct. 1978. Decision Mar. 1979, D. ^399
A. 2d 360. Whether the state officials complied with the constitutional
provision that all children should be provided with a thorough and efficient
education. Challenge to the statutory system by which the Philadelphia School
District is funded. Plaintiff wanted Uniform distribution of .chool funds in
the state. John R. McConnell; Morgan, Lewis 4 Bockius, 123 S. Broad Street,
Philadelphia 19109, 215-875-5000.
[Dl] Davis v. Central Dauphin School Dist . U.S. Dist. Ct. M.D. Jan.
1979. Decision Feb. 1979, M. . 466 F. Supp. 1259. Suit for injunction,
contesting the superintendents authority to suspend a student from the
basketball team for fighting in locker room. James H. Rowland, Jr.; Rowland &
Rowland, 812 N. 17th Street, Harrisburg 17103, 717-233-6787.
[D8] Dent v. Big Beaver Falls Area School Dist. Common Pleas Ct.
Beaver Co. June 1978. Decision Nov. 1979, P. Contested expulsion on grounds
that notice of hearing was inadequate, that a permanent expulsion was extreme
punishment, and that the school failed to provide alternative education.
Albert Jones, Neighborhood Legal Service, 266 Franklin Avenue, Aliquippa 15001,
412-378-0595.
[HI PI] Eberle v. Bd. of Public Ed. School Dist. of Pittsburgh . U.S.
Dist. Ct. 1977. Decision Oct. 1977, D. 444 F. Supp. 41. Sp. Ed. A deaf
child contests change of placement from a private to a public school, Whether
the 94-142 due process procedures apply retroactively. Joseph M. Ludwig;
Ludwig 4 Achman, 312 Frick Bldg., Pittsburgh 15219, 412-223-2308.
[Dl] Fecca v. Bd. of Directors of Neshaminy School Dist. Common Pleas
Ct. Bucks Co. Jan. 1980. Decision Feb. 1980, D. Student contests suspension
for possession of marijuana, claiming that the school board should not have
considered an earlier offense when determining the suspension. Attorney
unknown.
[HI] Fitz v. Intermediate Unit No. 29 . Commonwealth Ct. May 1977.
Decision June 1979, D. 403 A. 2d 138. Sp. Ed. Parents wished to obtain
tuition for placement of child in a special school for the deaf. William R.
Mosolino, Center Square, Orwigsburg 17961, 717-366-0233.
[HI] Gittleman v. Scanlon. J.S. Dist. Gt. E.D. Mar. 1980. Class
action. 14 CHR 166. Sp. Ed. Contesting a state statute that sets a limit on
funds to be used for private education untier §94-142. Caryl A. Oberman,
Education Law Center, 2100 Lewis Tower, 225 South 15th St., Philadelphia 19102,
215-732-6655.
[01] Lisa H. v. State Bd. of Ed . Common Pleas Ct. Bucks Co. Aug.
1980. Removed to Commonwealth Ct. Sept. 1980. School system has a program
for gifted and talented children from which the two plaihtiff children were
1 7o' 168
™i U ?S?;^JJ hethe ^L t f X ° 0ney can be used t0 es tablish a program that excludes
2^757-1378?' Applebaum, 6232 Madison Ct., Cornwells Heights 19020,
,J!! 13 - ... Hag v. School Dist. of Phnadglehia. U.S. Dist. Ct. E.D. Mar.
?! ciS } on 060 ' 1900, M. 505 F. Supp. 727. Sp. Ed. Whether parents
SSSL^/VTT^i f ° r PriVate placement tuiti0 ^ Placement was maSe during a
delayed administrative procedure and was ultimately found to be appropriate by
Jili! S^i? °f fiC f«Aon Willia ? Me f itz ' William Mer * itz Associates, Neshaminy
Plaza #1, Benaalem 19020, 215-245-0400. ™*ua»u.ny
« £H o Kenneth J. v. Kline . U.S. Dist. Ct. E.D. June 1977. Class
action. Settled. 11 CHR 37oT Sp. Ed. Suit contesting expulsion of
emotionally disturbed and learning disabled children, requesting a due process
bearing.. Janet Stotland; Education Law Center, 225 S. 15th Street,
Philadelphia 19102, 218-732-6655.
°~ J 3 j^gQ" v » Pennsylvania Interscholastic Ath. Ass'n . Common Pleas
Ct. Luzerne Co. Nov. 1980. Decision 1981, M. Student contests ineligibility
for sports under the transfer rules; alleging that the defendant scheduled the
■^i n ?nQ 0r i^^ o he "I" 0 "' *** A * Ciava ™lla; Lowery, Ciavarella & Hogan,
Suite 609, United Penn Bank Building, Wilkes-Barre 18701, 717-823-8878.
[E6] Jones v. Marcase. U.S. Dist. Ct. E.D. Feb. 1980 Class
action. Title IX attack on the Philadelphia public schools' and Arch Diocesan
schools' all male interscholastic competition. Linda S. Greene, Temple
J?c V aof £ y £ Sch001 of 1719 N. Broad Street, Philadelphia 19122,
rJ ? V + , A o«~ I' niB & Ba * Intermediate Unit. Common Pleas Ct. Allegheny
Co. Sept. 1980. Consent decree Sept. 1980. Sp. Ed. Child discharged from a
handicapped program without due process. Iiene W. Shane, Developmental
Disabilities Law Project, Univ. of Pittsburgh, Pittsburgh 15260, 412-624-6230.
[Dl] Laws v. Altoona Are a Schools . Common Pleas Ct. Aitoona Co. Apr.
ioJa* JVPealed denial of injunction to Commonwealth Ct. Apr. 1978. Decision
J-yfo, 0. a student was suspended from school for possessing drugs and filed
for a preliminary injunction to permit graduation. Gary A. Caldwell, 1201 9th
Ave., Altoona 16602, 814-944-0434. oaiawen, l<lul ytn
nJE?\ 3 « ~Z v ; .Co°Mi3sioner, Dept. of Ed. Commonwealth Ct. 1977.
Dacision 1979, P. 399 A. 2d 159. Sp. Ed. Whether I.Q. tests are sufficient
basis for classifying child as a retarded child. Stephen Goldberg, Education
Law Center, 2100 Lewis Tower, Philadelphia 19102, 215-732-6655.
[H6J Lindsay v. Thomas. Common Pleas Ct. Philadelphia Co. May 1979.
Decision Nov. 1980, D. Commonwealth Ct. Nov. 1980. Sp. Ed. Damage action
for inappropriate placement, failure to diagnose disability, failure to follow
recommendation of school personnel, and failure to carry out state agency
orders. Lawrence Schall, Community Legal Services, 3638 N. Broad Street
Philadelphia 19140, 215-227-2400. street,
ioK 1 °?i 3 W y° min g Valley West School Dist. U.S. Dist. Ct. M.D. Nov.
1980. Class action. Settled. 14 CHR 1183. CoUtisting the school's policy
of suspending children without first giving supportive services and without
proper due process safeguards. Linden Appel, Legal Services of Northeastern
Pennsylvania, 15 Public Square, Wilkes-Barre 18701, 717-825-8567.
' 1M 174
[D8] ' Maurer v. Bd. of School Directors North Schuylkill School Dist.
Common Pleas Ct.^Mar. 1980. Decision Apr. 1980, D. Student contests a
suspension on the ground3 that he did not receive adequate notice of the
hearing* James J. Curran> 200 Mahantongo Street, Pottsville 17901,
717-622-6880."
[B3] McKeesport Area School Dist . v. Commonwealth . Commonwealth Ct.
1977. Decision Oct. 1978, D. 392 A. 2d' 912. Review refused by Pennsylvania
Supreme Ct. Whether school districts must transport private school students
beyond the district boundaries. Lewis J. Nescott; Nescott 4 Taylor, 607 Union
National Bank Building, McKeesport 15132, 412-664-4405. -
[S2] M inichello v. Wilkes-Barre Area School Dist. Common Pleas Ct^
Luzerne Co.' Aug. 1980. Injunction granted, then settled. Student contests
his sports ineligibility resulting from insufficient .class attendance. John
P. Moses; Moses & Gelso, Suite 1200, United Penn Bank Building, Wilkes-Barre
18701, 717-826-1*401.
[S2] Moreland v. Western Pennsylvania Interscholastic Ath. Ass'n .
U.S. Dist. Ct. W.D. 1977. Decision 1977, D. CCA 3 1977. ^Decision Feb. 1978,
D. 572 F.2d 121. Student contests the Association's ruling that he and his
team are not eligible for post-season play because of his violation of
attendance standards. Albert J. Jones; Neighborhood Legal Services, 266
Franklin Avenue, Aliquippa 15001, 412-378-0595.
[S2] Mosites v. Pennsylvania Interscholastic Ath. Ass'n . Common Pleas
Ct. Allegheny Co. 1979. Decision 1979, D. Student desires to play sports in
senior year, after repeating a grade. R. Dell Ziegler, 57th Floor, 60 Grant
Street, Pittsburgh 15219, 412-562-8800.
[El] National Ass'n. for Neighborhood Schools v. Bd. of Ed. of
Pittsburgh . U.S. Dist. Ct. W.D. Sept. 1980. Class action. Decision 1980, D.
497 F. Supp. 471. Suit to preserve neighborhood school by declaring bussing
unconstitutional. David M. Baer; Abrams * Baer, 802 Frick Bldg., Pittsburgh
15219, 412-232-3525.
[HI] 0* Grady v. Centennial School Dist . Commonwealth Ct. 1978.
Decision June 1979, P. 401 A. 2d 1388. Sp. Ed. Child was placed in a
residential school by a juvenile court. The parents contest the school
districts position that they can no longer make decisions regarding education
of their children. Robert W. Suter; Suter and 0 'Conner, 10 E. Court Street,
Doylestown 18901, 215-348-9950.
[F4] Ogrod v. School Dist. of Philadelphia . U.S. Dist. Ct. E.D.
1980. Decision, D. CCA 3. Action by parent to compel production of son's
"school records. Pro se.
[H2] Pecunas v. Kline . -U.S. Dist. Ct. E.D. Sept. 1978. Withdrawn.
12 CHR 419. Sp. Ed. Contesting the segregation of a handicapped child into
an isolated center, and requesting that he be mainstreamed into regular
classrooms. Janet F. Stotland, Education Law Center, 225 S. 15th Street,
Philadelphia 19102, 215-732-6655.
[S2] Penn Hills School Dist. v. Pennsylvania Interscholastic Ath.
Ass'n . Common Pleas Ct. Allegheny Co. 19791 Decision 1979, P. Commonweal tli
Ct. Decision Mar. 1981, D. Petition of review to State Supreme Ct. 1981.
Contesting the Association's ruling that a football team must forfeit three
ERIC
175 170.
games because a player did not meet its rules for academic eligibility. John
M. Tighe, 510 Third Avenue, Pittsburgh 15219, 4l2-39l-7i35.
oi^L.ifh rT 11 , 1 ^ 1 ^ SOhOQl D1 M - Vt Co°°onwealth of Pennsylvania .
r* ; Y- Sp - Ed - Action to compel state to fund th «
elation tL/«? PeCia l edu0ation and t0 ^ d transportation costs for special
?finn 25 D ,!J n tawrence D « *WJ Diiworth, Paxson, Kalish and Levy,
2600 Fidelity Building, Philadelphia 19109, 215-546-3000.
'rJ H l } . in A V * Crawford Central. School Plat. Common Pleas Ct. Crawford
ft 22.; 580, 866. ELB 971. Sp. Ed. Contesting procedures *
IE*?,? P I 8 30 * ducational P lan handicapped child under Pennsylvania
I6323! 8i4-i»3?!^028" N0rthW6St Legal Ser * vices « 1235 Liberty St., Franklin
iq^ 33 d An* f^J; Dep ^- of Ed ' Commonwealth Ct. 1978. Decision July
1979, D. 403 A.2d 142. Sp. Ed. Appeal «Vom order of state Secretary of
Education approving placement of hearing-impaired child. Frank P. Paz and
Gerald G. De Angelis, 1529 Freeport Road,- Natrona Heights 15065, 412-224-1300.
[01] Soanlon v. Mount Union Area Bd. of Dir . Commonwealth Ct. 1979.
^ ™i°H i l 9 l °\ ?f te SUPreDe a * 1979 ' ^^ion 1980, P. Whether schools
SL^nf Itt I i *! u 1 t0 h ° ld ClaSSes f0r 180 da y s ' notwithstanding strikes.
22!So? ? ?* a Q strike and state brought action to require the school
district to comply with 180 day rule. Dcnna S. Weldon, Pennsylvania Dept. of
Education, 33 Market Street, 9th Floor, Harrisburg 17103, 717-787-5500.
,,J H1 ] , Schobert v. Maroase . Comnon Pleas Ct, 1978. Common Pleas Ct
Philadelphia Co., 1978, transferred to Commonwealth^? 1 9 80. ^?ion To
dismiss overruled A P r. 1981. 428 A.2d 739. Sp. Ed. Suit for reimbursement
for private school tuition. Robert L. Seigle, Morelyn Plaza Bldg.,
Southampton 18966, 215-563-8090.
1Q ™° ] n> < < Shanberfl v. Pennsylvania Secretary of Ed. Commonwealth Ct.
shoL %Zi 3 lT 19 *l* D ' ^ A * 2d 232 ' Sp ' w - Whether 'student's IEP
, I 1 ! 6 f stlJdent,s abilities, in accordance with school's
policies, or merely! be "appropriate" for the child's needs. Laurence
Saltzman; Kaplan, Saltzman, 0'Malley 4 Catanese, 165 Whitehorse Avenue,
Trenton, NJ 086.10, 609-581-3800. "venue,
T-> i S1 ] . ..- ^aSOS^ y- Pennsylvania Interscholas tic Ath. Aas'n . U.S. Dist
f u f; 1977 : Decision 1978, D. Student sued for damages because the
association ruled him ineligible for sports under the transfer rule. Joseph
Kelley, Jr., Suite 1100, 1420 Walnut St., Philadelphia 19102, 215-735-6776.
Tofln 63 Silvo v. Dept. of Ed. of PUtgburgh. Commonwealth Ct. July
l^i fT' ; Contestin « transfer of hearing impaired child from a private
school where she is instructed orally to a school using sign language. Mark
J. Goldberg; Goldberg 4 Webner, 215 Grant Bldg., Pittsburgh 15219, 412-281-9484.
c
„ Cfi2] Springfiel d School Dist. Delaware Co. v. Dept. of Ed.
Commonwealth Ct. 1977. Decision 1978, M. Pennsylvania" Supreme Ct. Apr. 1979.
Decision Jan. 1979, M. 397 A.2d 1154. U.S. Supreme Ct. denied appeal June
^ a statute which requires the state to provide bussing for both
public and non-public school studenf.s violates the establishment clause. Also
whether distinguishing between profit and non-profit schools violates the equal
171 1 76
protection clause. Robert T. Stepanko, 3**1 S. Bellefield Avenue, Pittsburgh
15213, 412-622-37.80.
[01] Steigelman v. School Di3t. of Philadelphia / U.S. Dist. Ct. E.D,
Nov* 1980. Class aotion. Suit for declaratory, injunctive, and monetary
relief for damage caused by asbedtos contamination of schools. Alan B.
Epstein; Jablonf Epstein, Weisbord, 4 Wolf, 210 Washington Square, Philadelphia
19106* 215-922-7100. ' *
m £P2] Stubbs v. Kline" . U<S. Disk. Gt. W.D. May 1978. Decision, D.
463 F. Supp. 110. Sp. Ed. Damage suit for I033 of schooling when an
epileptic child was expelled and no placement fdund for one year. Michael A.
Donadee, Legal Service of Pittsburgh, Allegheny* Building, 429 Forbes Avenue,
Pittsburgh 15219, 412-255-6700.
< • *
[D5 D8] Sturtsman v. Altoona Area SSfrools . Common^ Pleas Ct. Mar. 1978.
Suit for compensatory and punitive damages for strip search in front of others
without probable cause and for expulsion without due process. John Woodcock,
Jr., 507 Allegheny St., Hollidaysburg 16648, 814-695-9897. (
[H6] Tokarcik v. Forest Hills School flist. U.S. bist. Ct. W.D. Mar.
1979* Decision Oct. 1980, P. CCA 3 Oqt. 1980. Sp. Ed. Spinal Bifida
child's parents request catheterization' during school attendance. Whether that
is a related service under 94-142. Edward R. Schellhammer , South Allegheny
Legal Aid Inc., Swank Bldg., Johnstown 15901', 814-536-8917.
[S2j Trimble v. Pennsylvania Interscholastic Ath.Ass'n . Common Pleas
Ct. Allegheny Co. June 1980. Decision 1980, .D. Student contests -
ineligibility for sports under eight-semester rule. John Vetica, 2058 Gateway
Center #2, Pittsburgh 15222, 412-765-2645.
[S2] Trofimuk v. Pennsy l vania Interscholastic Ath. Ass'n ; Common
Pleas Ct. Butler Co. 1978. Decision 1978, D. 7 D.C. 3d 712. Student
challenges the ineligibility of 19-year-olds for high' school sports. Saul
Bernstein, 405 South Main Street, Butler 16001, 412-287-5176.
[S2] Urick v.- Pennsylvania Interscholastic\Ath. Ass'n . / Common Pleas
Ct. Westmoreland Co. 1980. Preliminary order requiring hearing before the
Association; then appeal fron> the Association ruling. Decision 1980, D.
Student contests the defendant's eight semester rule for sports eligibility.
J. Allen Roth, 537 Lloyd Avenue, Latrobe 15650, 41^-537-0939*
[El] Washington v. Pittsburgh School Dist .- Common Pleas *Ct. Allegheny
Co. 1978. Class action. Action for desegregation of schools. Daniel M.
Berger; Berger, Kapetan, Malakoff, & Meyers, 508 Law & Finance Bldg., .
Pittsburgh 15219, 412-281-4200.
[HI] Welsch v. Commonwealth Dept. of Ed . Commonwealth Ct. 1978.
Decision Apr. 1979, D* 400 A. 2d 234. Sp. Ed. Suit for costs of sending
child to a private school. Lester J. Schaffer; Blank, Rome, Comisky &
McCauley, 1200 Four Penncenter Plaza, Philadelphia 19103, 215-569-3700.
[H2] West Chester Area School Dist. v. Commonwealth Secretary of Ed .
Commonwealth Ct. 1978. ^Decision May 1979, D. 401'A-.2d 610. Sp. Ed.- Parents
opposed the placement in a residential program. The school appealed a decision
by the Shearing examiner for the parents* Ross A. Un^uh;. McElree, ^Harvey ,
Galliger an& Unruh, 17 W, Miner Street, West Chester 19380, 215-436-0100. -
i 77 172
CS2] .- White v. Pennsylvania I ntersoholaatio Ath. Ass'n . common Pleas .
t ^io? hftny °°* 1979 * " Decision 1979, P. Commonwealth Ct. 1979. Decision ■
Jan. 1981, P. Student sues to force the association to allow her to
participate in, sports beyond her eighth semester in school (because student was
ill earlier). Edward V. Stevenson; Neighborhood Legal Services, 721 Braddock
Avenue, Braddock 15104, 412-271-7876. frwwwws
[D8] 2oll;v. Elizabeth F orward School Dist . Common Pleas Ct. Oct.
I? ?•« ^ 1 ! d :. Suit Contestin 8 student's expulsion for possessing marijuana,-
Claiming that the student was not sufficiently informed of right to appeal the
school board's decision.' William C. Knapp, Union Bank Bldg. , 5th Avenue,
McKeesport 15132, 412-672-2138. '
RHODE ISLAND ,
{H9] ( Brady_ v. East Green wich School Committee . U.S. Dxst/. Ct. 1980.
Temporary restraining order. Should the state catastrophic health insurance
, tunds or state education funds pay for the education of special education
students? Sister. Arlene Violet, R. I. Protection 4' Advocacy System, 70 S. Main
St., Providence 02903, 401-831-3150. - '
•J- P2] a jog v..> Providence Scho ol Committee . U.S. Dist. Ct. "Dec. 1980.
granted 1981. Sp. Ed. Whether the normal expulsion procedures are
appropriate for. a handicapped student. Also alleged violation of school's own
regulations, due process, equal protection and student's rights to free and
appropriate education. . Dianne Curran, Rhode Island Legal Services, Inc., 77
Dorrance St. , Providence 02903, 401-274-2652.
loJn 1 D8] Doe v., School Committee of East Providence . U.S. Dist. Ct. Got.
1980. Challenge to appropriateness of one year suspension for assaulting a
teacher, the impartiality of %he hearing and the release of Student's name to
the press. Carolyn Roundey, tfhode Island Legal Services, 77 Dorrance St.,
Providence 02903, 401-2^-2652. •
[D4] Dubois v. Wolferseder . Superior Ct. Providence Oct. 198O.
Damage action for assault "in corporal discipline. Joseph Capineri; Capineri &
Crowley, 266 Dexter Street, Pawtucket 02860, 401-726-4440.
• ' }
[S3] Punn v. Rhode- Island -Interscholastic League . Superior Ct. 1973.
Decision 1978, D. Plaintiff sued -the League to. change the sports
classification of the school.' Attorney unknown.
[E5] FHLcke v. Lynch- . U.S. Dist. Ct. May 1980. Decision May 1980,
P. 491 F. Supp. 381. CCAT1980. Moot. Right of homosexual high school
student to take male date.to prom under First and Fourteenth Amendments.
Lynetts Labinger, 220 S..Main St.,, Providence 02903, 401-277-9300.
[E6 Fl] Gomes v. Rhode Island Interscholastic Leag ue. U.S. Dist. Ct.
Mar. 1979. Decision May 1979, P. CCA 1. May 1979. Trial Ct. injunction stayed
May 1979. ELB 1026. Right of male to play .on a female volleyball team when
there is no male team. Larry Parks; Hanson, Cunan & Parks, 1210 Turks Head
Bldg., Providence 02903, 401-421-2154. '•.<..,
173
v
[D8] William H. v. Portsmouth School Committee . U.S. Dist. Ct. Dec.
1980 • Preliminary injunction denied 1981. Student expulsion — types of issues
that the school district must examine before long-term expulsion can be used as
a punishment* Alden Harrington , Rhode Island Legal Services, 77 Dorrance St.,
Providence 02903, 401-274-2652 •
[SI] , Herbert v. Rhode Island Interscholastic League * Superior Ct*
Nov. 1980. Decision Dec. 1980, D. Rhode Island Supreme Ct. 1980. Suit for*
veligibility to play hockey under residency and transfer rules and contesting
the validity* and applications of the defendant's rules. Gerald DeMaria, 123
Dy$r Street, Providence 02903, 401-272-3500*
[Fl] Hurd v. Shunney . U.S. Dist. Ct. Jan. 1981. Damage suit,
charging that discipline for "vulgar" gestures in pictures taken for the school
yearbook violated the First Amendment guarantee of freedom of speech. Lynette
Labinger, 220 S. Main Street, Providence 02903, 401-277-9300.
[H9]. . £rble v. Bevilaqua / U.S. Dist. Ct. Fob. 1979. Decision 1980,
Po CCA 1 1980. Sp. Bd. Who should pay for education of the handicapped —
state or local school district. Sister Arlene Violet, Rhode Island Protection
4 Advocacy System, 70 S. Main St., Providence 02903, 401-831-3150.
[HI] J^fcrski v. Pawtucket School Committee . U*S. Dist. Ct. 1978.
Sp. Ed. Suit to identify a dyslexic child as handicapped and provide him with
private placement. Gsorge M. Prescott, 936 Smithfi^ld Avenue, Lincoln 02865i
401-724-2400.
* [P2J Johnson v. JBevilaqua . U.S. Dist. Ct , 1979. Sp. Ed. Whether
hearing for children in state facility must meet the requirements of due
process. Sister Arlene Violet, R. I. Protection 4 Advocacy System, 70 S. Main
St., Providence 02903, 401-831-3150. ' ' ,
[HI] Colin K. v. Thomas Gohool Dist. U.S. Dist. Ct. May 1980. Sp.
Sd. Placement for learning disabled child — choice of public v. private
programs. Patricia Beede,. Rhode Island Legal Services, Newport 02903,
'401-846-2264.
[H5] Lyhoh v. McManus .' U.S. Dist. .Ct. 1980. ; Sp. Ed. At what age
does the right to publicly financed special education end? Robert Mann; Mann
4 Roney, 34*f Wickenderr St., Providence 02903, 401-421-9794.
[R2] Meabers of Jamestown School Committee v« Schmidt * U.S. Dist. Ct.
1978. - Certified to Rhode Island Supreme Ct. Decision May 1979, D. 405 A. 2d
16. Whether a state IpM providing transportation for students to parochial
schools violates the First ^nd Fourteenth -Amendments and t\e state
constitution. Amato A. Deluca; Revens 4 Deluca, 946 Centervilla Rd., Warwick
-02886, 401-822-^900.
[HI H9] Oster v. Boyer . U.S. Dist. Gt. Jiyie 1977. Motion to dismiss
denied. EHLR 5 5^:152* ELD 923. Sp. bd. Action to .force school district to
provide services and to pay for past and future services for emotionally
handicapped children. Whether state or school district must pay for the
services. George, Prbscott, 936 Smithfield Ave., Lincoln 02865, 401-724-2400.
[H2] Overton v. Af fleck . U.S. Dist. Ct. 1979. Sp. Ed. Right of
children who are wards of the .state to have a least restrictive education
174
placement. Sister' Arlene Violet , R.' I. Protection & Advocacy System, 70 S.
Main St., Providence 02903, 401 -831-3150.
« CR2 ?^« Rhode Island Federation of Tennhann. y. Norberg.- U.S. Dist. Ct.
Aug. 1979. Decision 1979, P. CCA 1 1S79. Decision Sept. 1980, P. . 479 P.
?!!J P ;.,u7 t Wn fther Rhode Island statute granting state income tax deduction
wil ?* textb00k » and transportation expenses for religious school
children violates the First Amendment. Lynette Labinger, 220 S. Main Street,
Providence 02903, 401-277-9300. oureet,
iq5q 13 ^ < l tat l ° f rc* 0 * 6 l3land - Fa2ail - V Ct « Providence Co. May
I 2l« % lti° n l I' 1 Sf> ; Wh9ther »»"«»tial Placement Of student who was
a ward of the state was in an appropriate school. Judith Fox, Rhode Island
-egal Services, 77 Dorrance St., Providence 02903, 4 01-274-2652.
CD4 3 Shook v. City of Pawtuokat. U.S. Dist. ,ct. Apr. I98O. Damage
suit for corporal punishment alleging that a teacher ordered a second grade^
pupil to lick up his spit in the schoolyard. William Y. Chaika, 92S Reservoir
Avenue, Cranston 02910, 401-943-5070.
? H1P1 3 ' Traficane v. Providence School Committee : U.S. Dist. Ct. 1977.
Decision 1977. TR0, then settled. Sp. Ed. §1983 action. School refused to
TfrLf nearin « on a P^vate school placement. George M. Prescott, 936
Smithfield Avenue, Lincoln 02865, 401-724-2400.
£H5] / Verrechione v. North Providence School Dist. U.S. Dist. Ct.
1979. Sp. Bd. Whether a child can be so handicapped and ill that a school
system doss not have to educate her because it would be detrimental to the
student's health. S?ster Arlene Violet, R. I. Protection 4 Advocacy System,
70S. Mam St., Providence 02903, 401-831-3150. is
SOUTH CAROLINA
C01 -J • Baker v. McAndrews. Cir. Ct. Aug. 1980. Class action. •
Plaintiffs contest procedures for selecting students for a gifted and talented
program, claiming that the school discriminated by giving some, but n^t all
students remedial reading before the selections were made. Alvin Hinkle
Palmetto Legal Services, 1316 Main Street, Columbia 29202, 803-799-9668. '
1
<?n CH ii L u^r- ?' Ker3haw 00 • s °"QQl3. Cir. Ct. Dec. 1979- Withdrawn.
L\7^* Wnetner local scno01 "as equipped to meet the needs of a handicapped
child or whether the child should be sent to a special school. George W. *
Speedy, l Lafayette Ct., Camden 29026, 803-432-6034.
[HI] Dunn v/ Greenville Co. School Dist . U.S. Dist. Ct. 1980. Sp.
Severely emotionally handicapped child seeking residential placement,
will p. Dunn, Jr., 400 Pettigru Street, Greenville 29601, ,803-242-1303.
,J? 3 „ Greenville Co. Schools v. Woodside. Cir. Ct. 1979- Decision
1900, P. Sp. Bd. Appeal from hearing officer's decision that placement
offered by school district was not adequate. Douglas F. Dent, Bankers. Trust
Plaza, Box PP4, Greenville 29601, 803-232-1856.
175
180
CHI] \ Hunter v. Lancaster Co. School Pi at. Family Ct. Lancaster Co.
July 1980. Decision 1981, P. Cir. a. Mar. 1981. Sp. Ed. Whether school
district could provide appropriate special education for handicapped child or
whether residential placement was necessary. Brooks ^Goldsmith; Ihooas,
'Rushing, Goldsmith & Folks, P.O. Box 947, Lancaster 29720, 803-285-6986 and Joy
R. Mann, 3outh Carolina P & A System for Handicapped, E36O-A TWo Notch Rd.,
Columbia 29204,, 803-254-1600. 1
[HI PI] Charles J. v. Johnson. U.S. Dist. Ct.- Fep. 1979* Dismissed for
failure to exhaust administrative remedies. Sp. Ed. djyit, alleging that
emotionally handicapped child had been denied appropriate placement and
education, including intermittent exclusion from school. Ralph J. Wilson,
Neigtiborhood Legal Assistance Program, P.O. Box 1819, Conway 29526,
803-248-6376.
[HI] Lexington School Pist. No. 5 v. Seymour . U.S. Dist. Ct. 1980.
Decision 1980, P. CCA 4 1980. Sp. Ed. An appeal from a hearing examiner's
decision that a handicapped child be placed in an out-of-state school at the
school district's expense. Bruce Davis, 1704 flair Street, Camden 29020,
803-432-2880.
[HO] Lockett v. Karesh . U.S. Dist. Ct. Charleston Div. Apr. 1980. 14
CHR 570. Sp. Ed. Rights of natural mother, where child under control of
state welfare agency became hyperactive and was moved to a school 200 miles
away without notice to the mother. Richard J. Whitaker, Neighborhood Legal
Assistance Program,' 1606 King St., Beaufort 29902, 803-524-8295.
fP2] Lynwood S. v. Horry Co. School Dist . U.S. Dist. Ct. Oct. 1980.
Withdrawn. Sp. Ed. Plaintiff alleged the child is educable mentally
handicapped, but should also be classified as emotionally handicapped. Also
alleged that the child was suspended and expelled- without a proper 1
determination of whether his conduct was related to the alleged emotionally
handicapped condition. Due; process challenge. Orrie E. West, Neighborhood
Legal Assistance Program, P:0. Box 1819, Conway 29526, 803-248-6376.
[HI] Massid v. Lexington Co. School Dist. No. 5 . U.S. Dist. pt.
1979* Decision 1980, D. Failure to exhaust administrative procedures." Sp.
Ed. Plaintiff alleged child needed private, residential placement, placed the
child, and asked the school district for reimbursement. James Coffas; Kosko &
Coffas, Box 12005, Columbia 29211, 803-771-6565*
[P2] Pa mela N . v. Saluda School System No. 1. U.S. Dist. Ct. Apr.
1981. Sp. Ed. Contesting expulsion on the grounds that special education due
, process procedures must be followed. Herbert E. Buhl III; Buhl, Primus &
Bagby, 533-A Harden Street, Columbia 29205, 803-799-3767.
* [B3] , ^ Plumley v. Greenville Co. School Dist. U.S. Dist. Ct. 1980.
Decision 19G0, P. Action to require a school listrict to send school bus £ive
miles, up a mountain so that the children in one family could attend .school. '
Hsrbert E. Buhl III, 533-A Harden Street, Columbia 29205, 803-799-3767.
[P^] Donny R. v. Wood . N U.S. Dist. Ct. July 1977. Settled. Sp. Ed.
Suit for injunction and damages, claiming that plaintiff's expulsion violated
sectipn 504 because it waa due to his handicap. Herbert E. Buhl III; Buhl,
Primus & Bagby, 533-A Harden Street, Columbia 29205, 803-799-3767.
176 IS 1
[HI] Seymour v. Lexington Co. Sohn ni n<«<-.. 5 Cir n p
o A StVf 98 ?\ ^J 310 " Sp. Ett. Suit to conUnue ^Selt ? n '
adm^i^M ^ f end . ing admini3 trative hearings. (The SchoS appealed the
Jof f £™ V^ iS . l0n J° the f6deral C0Urt ' Kington case, supra?)
Joy R. Mann, South Carolina P 4 A System for Handicapped? 236O-A Two Notch Rd
Columbia 29204, 803-254-1600. wotcn Rd.,
Dist ?] Ct A» g ^070 A33 '"- f ° r Rfttard « d CitlSgng v. Williams. U.S.
Dist. Ct. Aug. 1979. Withdrawn. Class action. Sp. Ed. Length of school
£ar for handicapped children. Joy R. Mann, South Carolina P 4 A System for
Handicapped 236O-A Two Notch Rd. , Columbia, 29204,. 8e 3 -2 5 4-l600 and Norman
Rosenberg, Mental Health Law Project, Washington, D.C. 202-467-57*0.
iQflf 13 «f.,H„ gB^-g^Sg v- Charleston Co. School Plat, U.S. Dist. Ct. Jan.
eduction ^ n hf? d / aC "i ty dese ^«ation-case alleging that the dual system of
S2f?S? } 3 < Sti11 in effect « ^hael H. Sussman, General Attorney, Civil
lotllsJinl ™' ?537, of ^3tice, Washington, D.C. 20530,
TQfln^P ^ W a fi"fiton v. Salisbury. Cir. Ct. June 1978. Decision July
If rLl' „ f ? Supreme Ct. 198O. 13 CHR 37. Class action. Right
to free education in summer school; summer school tuition challenged on federal
and state constitutional grounds. Richard Whitaker, Neighborhood Legal
Assistance Program, 1606 King St., Beaufort 29902, 803-524-8295.
TR0 B1 iin iQAi ^Sr/: * Cir * a ' Charleston Co. Jan. 1981.
Hut 1 ! v SUlt . t0 retain 3 3tudent '3 Placement in her present school
J«ni 1 contest her transfer to another school in an administrative
appeal. Attorney unknown.
Jnl^cy/Q I°JjgS. v» Georgetown Co. Schools. ^J.S. Dist. Ct. Charleston Div.
duly 1979. Sp. E». Plaintiff charged that child was suspended without the
due process required under 94-142. Ralph Wilson, Neighborhood Legal Assist
Program, P.O. Box 1819, Conway 29526, '803-248-6376. Assist.
SOUTH DAKOTA
[Bl] Barber v. New Underwood School District No. 51-3 . Cir.-Ct
Hughes Co. 1979. Whether state superintendent has authority to overrule a
local school board in matters of assigning students outside the district,
"^torney unknown.
[D»J Corneliu^v. United States . U.S. Dist. Ct. 1979. Settled.
Suspension of an tafltan child from a Bureau of Indian Affairs school is
contested-W-oWprocess grounds. Timothy La France, Indian Law Support
Center, 1506 Broadway, Boulder 80 3 O2, 303-447-8760,
177 182
[B2] gggena v. Huron School Dist . Cir. Ct. Beadle Co* Apr. 1980.
Decision 1980, P. Parents contest school closing claiming that the school
board did not follow the correct procedures. Richard Casey, P.O. Box 284,
Madison 57042, 605-216-6677.
[R2] Elbe v. Hansen. U.S. Dist. Ct. 1980. Class action. Suit to
enjoin the education department from including religious schools in the text
book loan program. Lee Boothby; Americans United for Reparation of Church and
State, 8120 Fenton Street, Silver Spring, MD ""910, 301-589-3707-
[R2] Florey v. S ioux Falls School Dist. No, 49-5 - U.S. Dist. Ct. Nov.
1978. Decision Feb. 1979, D. 464 F.Supp. 911. CCA 8. Decision Apr. 1980,
D. 619 F.2d 311. Cert, denied 198fo Whether the Christmas programs of the
public schools violated the First Amendment. Stephen Pevar; ACLU Mountain
States Regional Office, 3570 E. 12th Ave., Denver, CO 80206, 303-321-5901.
[Bl] Halverson v. Ramona School Dist . Cir. Ct. Lake Co. 1978.
Decision 1978, D. Parents brought suit to change the school district boundary
so their children could change schools. Richard Ericsson; Ericsson, Spencer,
Ericsson & Leibel, P.O. Box 406, Madison 57402, 605-256-4597.
[S3] Hoover v. South Dakota High School Activities Ass'n . Cir. Ct.
Minnehaha Co. Feb. 1981. Class action. Decision Mar. 1981, P. Suit to
require defendant to establish a state high school football championship; the
suit is based on defendant's rules, state statutes, and equal protection
grounds. Anthony L. Weisensee, 108 N. Phillips Ave., Sioux Falls 57102,
605-335-0000.
[D8] Lightfield v. Waubay School Dist . Cir. Ct. 1980. Decision Oct.
I960, D. Whether there is a requirement for written "findings of fact" for a
school board to e~pel a student, under the state Student Due Process Code.
John L. Maynes; Maynes, Tonner, Maynes & Tobin,' P.O. Box 759, Aberdeen 57401,
605-225-577a.
c
EE7] Oster v. Kneip . Cir. Ct. Davison Co. Oct. 1977. School
children contend that inequality in school financing violates equal
protection. William Srstka; Duncan, dinger & Srstka, 117 E. Capitol, Pierre
57501, 605-224-8851.
[B2] Revier v. School Bd. of Sioux Falls . Cir. Ct. Minnehaha Co.
1980. Decision 1980, D. South Dakota Supreme Ct. June 1980. Decision 1980,
P. 300 N.W. 2d 55, 304 N.W/ 2d 699. Parents contest a school closing on the
ground that the action was not submitted to a vote of the people. Charles L.
Dorothy; Dorothy, Craig, Palmer & Karris, 805 South Minnesota, Sioux Falls
57102, 605-332r6803.
[Bl] Shumaker v. Canova School Dist . Cir. Ct. Miner Co. 1980.
Decision Feb. 1981, P. South Dakota Supreme Ct. Apr.' 1981. Appeal by school
district frocn a decision by the education agency granting parents a
modification in school district boundary, thus transferring their children from
one school to another. Jerome B. Lammers; Lammers, Lammers, Kleibacker &
Casey, P.O. Box 284, Madison 57042, 6Q5-256-6677.
1 9 'J
.178
TENNESSEE
™ 2 3 , n0n Br » n30n v * Knox Co. Bd. of Ed. Chancery Ct. Knox Co. Mar. 1980.
2 ^oSn Decision, Mar. 1980, D. Ct. of Appeals Apr. 198O. Decision
Nov. 1980, P. sp. Ed. Suit to contest school decision to transfer a bright,
but emotionally disturbed child to Youth Intervention Center, without
testing. Carl W. Eshbaugh; Univ. of Tennessee Legal Clinic, 1505 W.
Cumberland Ave., Knoxville 37916, 615-974-4141.
CD1 D8] " Brown v. Tipton Co. Bd. of Ed . U.S. Dist. Ct. W.D. Mar. 1979.
Consent decree Apr. 1979". 13 CHR 390. ELB 1045. Challenge to summary
expulsion of two students for getting into trouble outside of school. Rita
Stotts; Memphis State Univ. Legal Clinic, 46 N. 3rd St., Memphis 38103,
901-526-7235.
[HI] Caatro v. Sullivan Co. Bd. of Ed . Chancery Ct. Sullivan Co.
1977. . Decision 1978, M. Ct. of Appeals l97£._Decision 1979, D. Sp. Ed.
Appeal from hearing officer's decision approving school's proposal to c*a 3 e
paying for residential placement of retarded deaf child and to transfer child
to the state school for the deaf. W. Carr Hagan, Jr., 309 Commerce St.,
Kingsport 37660, 615-246-7261.
^ H1 J City of Cleveland v. Rayburn . Chancery Ct. Bradley Co. 1979.
Moot. Sp. Bd. Appeal from hearing officer's decision that the local school
system did not have sufficient facilities and personnel to provide appropriate
education for an emotionally disturbed child and that placement in a special
school wasjieeded. Harlen Painter; Bell 4 Associates, P.O. Box 1169,
Cleveland 37311, 615-476-8542.
_ ^01] Curve Elem entary School P.T.O. v. Lauderdale City School Bd .
Chancery Ct. Lauderdale Co. Feb. 1979. Settled. 14 CHR 359. Whether
students could get a decent education in a dilapidated school building with
leaking roof, inadequate lighting and other problems. Debra F. Lee; Central
Arkansas Legal Services, 140C W. 5th St., Pine Bluff, AR 71601, 501-536-9006.
^ B2 3 Curve Elementary School P.T.O. v. Lauderdale City School Bd .
Chancery ct. Lauderdale Co. Apr. 1979. Decision May 1979, D. Ct. of Appeals
June 1979. Decision Dec. 1979, P. Whether the School Board could decide in
secret to close a small school, without any public hearing. Debra F. Lee;
Central Arkansas Legal Services, 1400 W. 5th St., Pine Bluff, AR 71601.
501-536-9006.
t H1 3 In re Hall . Chancery Ct. Hawkins Co. 198O. Settled. Sp. Ed.
Appropriateness of residential placement and responsibility for cost. Jack
615 7^2657^* ' Planning 0ffice ' 505 Deadrick St., Nashville 37219,
[01] Hester v. Cox. Chancery Ct. Davidson Co. 1980. '.Withdrawn.
Aotion, to restrain Commissioner from wit hhold ing funds from school, when school
^eclInea~to join in consolidated school district. Joseph M. Boyd, Jr.; Boyd &
B-,d, 403 Masonio St., Dyersburg 38024, 901-285-8900.
[01] Kighes v. Cox. U.S. Dist. Ct. M.D. Sept. 1980. 'TRO denied Sept.
*??|fl_ . fc ? restrain the Coaaissioner from withholding funds from a sohool
system whioh did not choose to become part of a consolidated sohool district.
Also (by amendment ) to restrain the oounty from issuing sohool bonds without
inoiuding the sohools whioh did not ohoose to Joiw the consolidated district
179
Joseph M. Boyd, Jr.; Boyd & Boyd, 403 Masonic St., Dyersburg 38024,
901-285-8900.
t p2 ^ Ivy v. Bd. of Ed. of City of Jaokaon . Chancery Ct. Madison Co.
Aug* 1980. Settled. Sp. Bd • Appeal, by writ of certiorari, of school board
decision to expel handicapped student. Charge that board should have followed
special education change of placement procedures.* David J. Rentsch; West
Tennessee Legal Services, P.O. Box 2066, Jackson 38301, 901-423-0616.
[HI] King v. Metro Bd. of Ed . Chancery Ct. Davidson Co. Aug. 1978.
Settled. Sp. Ed. Appeal from hearing officer f s decision that a slightly
mentally retarded and physically handicapped child did not need to be
transferred from the public school to the Institute of Learning Research.
Homer R. Ayers, 100 New Long Hollow Pike, Goodlettsville 37072, 615-859-2500,
CHI] La Valley v. Loftis . U.S. Dist. Ct. E.D. Feb. 1981. Settled.
Sp. Ed. Action by parents against the Department of Mental Health for
declaratory judgment to place handicapped child in a private facility in
accordance with hearing officer f s decision. Also action for reimbursement and
for damages. Jon Seaborg, 516 Lookout St., Chattanooga 37^03, 615-756-0003.
[HI PI] In the Matter of Long . Chancery Ct. Hamilton Co. Oct. 1980.
Settled. Sp. Ed. Whether a du^process hearing officer has the authority to
decide that a child must be admitted to a state residence facility. Richard
L. Brown, Chief Counsel; Department of Mental Health,' 505 Deadrick St.,
Nashville 37219, 615-741-2722.
[HI H7] Martinson v. Newman. Chancery Ct. Davidson Co. Aug. 1978. Sp.
Ed. Proper placement of autistic child when residential facility terminated
services and local school wanted to bring child back. Also reimbursement for
expenses, and question whether schooling should be provided for 9 months or 12
months for this type of handicap. Harry Wiersema,* Jr., 713 Market St.,
Knoxville 37901, 615-524-7496.
[HI PI] Ogden v. Kelly . Chancery Ct. Williamson Co. 1977. Decision
1978, D. Ct. of Appeals 1978. Decision, D. Supreme Ct. 1979. Decision Mar.
1980, P. 594 S.W.2d 702. After chancery court decided that the State Board
could not terminate out-of-state placement without a due process hearing, the
question became whether the hearing officer can investigate, ex parte, without
notice, or i3 bound by the State Uniform Administrative Procedure Act. George
E. bar^ett; Barrett, Knift'en & Blackburn, 217 Second Ave. N. , Nashville 37201,
615^44-2202.
[SI] Phillips, v. Tennessee Secondary School Activities Ass'n.
Chancery Ct. Scott Co. 1979. Decision 1979i P. Ct. of Appeals 1979. Decision
Nov. 1979, D. Student contests defendants ruling that he is ineligible after
changing schools. Harold G. Jeffers, 310 North Main Street, Oneida 3784l t
615-569-8543.
[D4 D6 D8 D9] Richmond v.' Bd. of Ed. Haywood Co, Chancery Ct. Haywood Co.
Apr. 1979. Decision June 1980, D. Whether the Board had the authority to
prescribe punishment of six licks, or three days of suspension with grade
reduction, after an informal hearing. Also action to expunge records. Gary
Banasek; West Tennessee Legal Services, P.O. Box 2066, Jackson 38301,
901-423-0616.
[HI] Richardson v. State Bd. of Ed . Chancery Ct. Davidson Co. 1978.
Sp. Bd. Suit to compel local school to pay for residential placement of
180 1SJ
615-8 3?-U300 Child * R ° bert B * me ' 4220 Nolensville Road » Nashville 37211,
*
" «JS n. v» Morgan Co. School Bd. U.S. Dist. Ct. Feb. 1981. Class
action. Damages sought, claiming that the school's blanket search of students
and lockers (whioh was without results) violated the Fourth Amendment because
i!^ 3 S^ hout Drobable cause. Philip P. Durand; Ambrose, Wilson 4 Grimm,
Valley Fidelity Bank Building, Knoxville 37902, 615-546-3631.
tDl D5] Sturm v. Knox Co. U.S. Dist. Ct. Dec. 1980. Decision Apr. 1981,
w. Suit for damages for suspending a girl after marijuana ashes were found in
a car she drove to school, claiming illegal search of the car and insufficient
evidence that the student smoked the marijuana. Philip p. Durand; Ambrose,
Wilson, Grimm, Valley Fidelity Bank Building, Knoxville 37902, 615-546-3631.
CM. D8] Teague v. Bradley Co. School Bd. U.S. Dist. Ct. 1981. Class
aotion. Damage and injunction suit contesting a student's suspension for
charges brought in juvenile court-, alleging that the schools cannot suspend
i™ 6 !! 3 % a f i Vity takinS place outslde the schools^and that the students
£T 2! a ™> rded a Pr°Per hearing. Bert H. Bates; Logan, Bates 4 McCoin,
P.O. Box 191, Cleveland 37311, 615-476-2251, * '
>
Ch6 J Tod|v. School Bd. of Hamilton Co . U.S. DJst. Ct. Mar. 1980.
Decision Sept. 1980, D. "Sp. Ed. Whether the school board was furnishing
appropriate transportation and other services to a handicapped child. Robert
T. Byrd, P.O. Box 705, Cleveland 37311, 615-472-0910.
r A D a Q l r - ^yrser v. Bd. of Ed. of City of Humboldt. Law and Equity Ct.
Gibson Co. Dec. 1980. Writ of certiorari to review a brief school board
hearing at which student was suspended for the- balance of the school year.
David J. Rentsch; West Tenn. Legal Service, P.O. Box 2066, Jackson 38301,
901-423-0616. J J '
E°3 D9] War£ v. Robinson. U.S. Dist. ct. E.D. 1978. Decision 1978, D.
496 F.-Supp. 1. CCA 6 decision July 1980, D. Whether a student has a
constitutional right to a due process hearing before dismissal from a
6l5-246-36o£ am ' Charlt ° n R * DeVault ' Jr " 211 Broad Kingsport 37660,
Jjjl Warner v. Madison Co. Bd. of Ed. Chancery Ct. Madison Co. 1978.
settled. Sp. Bd. Action for pendency in residential placement during
administrative proceedings^! appeal from hearing officer's decision. Jack
Derryberry, Jr.; State Planning Office, 505 Deadrick St., Nashville 37219.
615-741-2657.
19ll 2 \ and M i' l rank ^ ' ^ s ; Dist - Ct. E.D. Jan. 1978. Decision Feb.
lll i « ^ r F ' SupP 133 ' 060131011 1Q 79, approved revised plan.
474 F. Supp. 525. Decision 1980, P. 497 P. Supp. 390. Whether short,
elective bible olasses, onoe a week in the public sohools, financed by an
outside organization, violated the establishment clause of the First
AaendmentT~ How the classes could be conducted to make them permissible. John
L. Alley, 4701 Hixson Piks, Hixson 37343, 615-877-1345.
[OH Yanoey v. Davis . Chanoery Ct.* Crockett Co. Jan. 1981.
Voluntarily dismissed and added, by amendment, to Hughes v. Cox, supra.
Aotion to restrain county from issuing aohool bonds without including two
independent school systems which deoliwed to be parties to a consolidation.
£f* P 5A **** ♦ Jr,t > *°y<i & toyd, *»03 Maaonio St., Dyersburg 38024,
901-28*1-8900.
i8i X8S
TEXAS
[E33 In Re Alien Children Ed. Litigation . U.S. Dist. Ct. S.D. Sept.
1978. Class action. Decision July 1980, P. 501 F. Supp. 544. CCA 5 1980.
Decision Feb. 1981, P. F2d . Whether a state law not allowing
free public education for unregistered alien children violates the equal
protection clause. (This case is a consolidation of many cases filed
throughout Texas.) Peter Schey, National Center for Immigrants Rights, 1550
W. 8th St., Los Angeles, CA 90017, 213-487-2531*
[Bl] Arrendondo v. Brockette . U.S. Dist Ct. S.D. Dec. 1977. Class
action. Decision Dec. 1979, D. 482 F. Supp. 212. CCA 5- Jan. 1980. Suit
contesting requirements that public school students must pay tuition unless
living in the district with a parent or guardian. Edward Tuddenham, Texas
Rural Legal Aid, 1406 West Highway, P.O. Box 2223, Hereford 79045, 806-364-3961.
[HI] Becky B. v. D ouglas . U.S. Dist. Ct.N.D. Oct. 1979.
Withdrawn. Sp. Ed. Autistic child sought residential placement. Edward B.
Cloutmann, P.O. pox 47972, Dallas 75247, 214-630-3672.
[P2] Wiison B. v. Manor Ind. Schooj^ist . U.S. Dist. Ct. VJ.D. Aug.
1978. Settled. Sp. Ed. Whether the school district must provide a due
process hearing when expelling a mentally retarded teenager for disrupting
class. Also question of the district's obligation to educate a handicapped
child fur loughed. from a state institution to foster parents who reside in the
district. James Todd; Advocacy Inc., 5555 N. Lamar St., Suite K-109, Austin
78751, 512-475-5543.
[053 Bazaldua v. . Jacobs . - U.S. Dist. Ct. S.D. 1979. Withdrawn.
Contesting search of students, alleging lack of probable cause. The students
were suspended from school. Gerald A. Garcia, Texas Rural Legal Aid, 305 East
Jackson St., Harlingen 78550, 512-423-3111.
[D4] Bivens v. Dallas Ind. School Dist . U.S. Dist. Ct. N.D. Feb.
,1981. Damage action for excessive physical discipline and unrelated physical
attack on students by school personnel. Roger Albright, P.O. Box 47972,
Dallas 75247, 214^630-3672.
[S3 1 Black well v. Texas University Interscholastic League . U.S. Dist.
E.Dv Apr. 1979. Decision 1979f P. Tennis team was not allowed to play in a
state tournament because it missed a regional tournament (because of a
flood). Hobert Q. Keith; Mehaffy, Weber, Keith & Gonsoulin, 1400 San Jacinto
Building, Beaumont 77701, 713-835-5011.
[S2 S4] Blue v. University Intersclnlastic League . U.S. Dist* Ct. N.D.
Nov. 1980. Class action. Decision Nov. 1980, D. 503 F. Supp. 1030.
Contesting ruling that students and their team were ineligible for violation of
the age limit rule, claiming lack 'of hearing. Cornel Walker; Banner and
Walker, P.O. Box 731 1 Greenville 75401.
[H2] Booker v. gates . U.S. Dist. Ct. N.D. 1977. Class action, Sp.
Ed. Suit for damages for due process violations when the school placed a
student in a special education class. John Jordan, 3200 Maple Street, Suite
314, Dallas 75201, 214-744-3621.
182 1 3 7
_ J 633 _ Brownsvill e Ind. School Dist. v. Alien Children . U.S. Dist. Ct. v
S.D. 1980. Ex parte TRO. On hearing, injunction denied. Allegation by
school district that the unique situation of Brownsville, being on the border,
required an injunction, paralleling state statute, requiring children to prove
citizenship in order to be admitted to school without paying tuition. Tony
Martinez, 901 E. Madison Street, Brownsville 78520, 512-546-7159.
[S2] Byrd v. University Interscholastic League . U.S. Dist. Ct. N.D.
Nov. 1980. Decision Nov. 1980, D. 503 F. Supp. 1030. Contesting
ineligibility of a student for sports for being over 19 years old. (This case
.was joined with Blue v. U.I.L. ) Martin ,Hotchkiss, 1301 Main St., Dallas
75202, 214-651-1200. o
£ H6 P1 l Charles C. v. Kountze Ind. School Dist.- U.S. Dist. Ct. E.D.
Sept. 1978. Settled. Sp. Ed. Challenged the child »s individual plan on the
grounds that the school did not provide sufficient services. Also challenged
713 722 02°6 e3S pr0cedure3, James Makia » 1 522 Highway 365, Neederland 77627,
C°P2] Carter v. Dallas Ind. School Dist . U.S. Dist. Ct. N.D. Feb.
1981. Sp. Ed«. Suit contesting discipline of handicapped child and contesting
the due process procedures on the appeal to the State Board of Education.'
Nita McKellar, Dallas Legal Services Foundation, 810 Main Street, Dallas 75202,
214-742-1631. f
£ D1 08 3 Crutchfitld v. Sunray Ind. School Dist. Dist. Ct. Travis Co.
June 1980. Whether school board had authority to impose a suspension for
remainder of school year for verbal altercation with teacher; whether the
procedures were in accord with due process requirements. Verne Phillips, P.O.
Box 5970, Houston, 512 -4 58-1 3 59.
CR2 R3] Jane D. v. Aldine Ind. School Dist. U.S. Dist. Ct. S.D. Nov.
1980. Suit to prohibit the school song which includes n In Jesus • name we
pray, Amen," on grounds, that it is a prayer in school. Suit to stop
distribution of bibles in school by the Gideon Society. David Eisen, 605
Fannin St., Houston 77002, 713-228-4109.
[H2 S2] Doe v. Marshall . U.S. Dist. Ct. S.D. 1978. Decision 1978, P.
459 F. Supp 1190. CCA 5 Decision 1980, P. 622 F.2d. 118. Petition for
cert. Sp. Ed. Suit by handicapped child to become eligible for sports in his
school after' the school had ruled him ineligible because he was living with his
grandparents and the parents lived in another school district. Matthew M.
Horowitz; University of Houston Law School, 4800 Calhoun St. Houston 77004,
713-749-7650. " *
t
[E33 poe v. Plyler. U.S. Dist. Ct. E.D. 1977. Class action.
Decision Sept. 1978, P. CCA 5 decision Oct. 1980, P. 628 F.2d 448. Suit
contesting the Texas policy of excluding undocumented alien children from-
schools. Peter Roos, Mexican American Legal Defense Fund, 28 Geary Street,
San Francisco, CA 94108, 4l5-98l-5fiOO.
CS23" Edcouch-E lsa Ind. School Dist. v. University Interschol astic
League, Dist. Ct. Hidalgo Co. 1981. Decision 1981, P. The defendant
disqualified a basketball team because of intra-disfcrict play, and the school
contended that the defendant's rules only prohibited -jlay outside the district
in this instance. Riohard R. Alamra; Pena, McDonald, Prestia & Zipp, 600
South Closner Avenue, Edenburg 78539, 512-383-5311. '
• ■ ^ 183 188
[HI F4] George F, v, Spring Branch Ind. School Dist. U.S. Dist. Ct. S.D.
1980. Sp. Ed. Suit for reimbursement for cost of residential placement
(after school refused to grant residential placement). Also a privacy of
records claim, because school officials sent case records to local government
officials. J. Patrick Wiseman; Nelson and Mallett, 3303 Main Street, Houston
77002, 713-526-1778.
[HI]* Robert Earl F. v. Texas Ed. jteency . U.S. Dist. Ct. N.D. May
1981. ' Sp. Ed. Suit for payment for residential placement. Nita McKellar,
Dallas Legal Services Foundation, 810 Main^Street, Dallas 75202, 214-742-1631.
[El] Fort Bend Ind. School Dist. v. City of Stafford . U.S. Dist. Ct.
1978. Decision Apr. 1978, P. 449 F. Supp. 375. CCA 5 decision Apr. 1979, D.
594 F. 2d 73* Whether a "break away" school district can be permanently
enjoined from operation since it would adversely affect the parent district's
desegregation plan. Michael K. Swan; Reynolds, Allen & Cook, 1100 Milam
Bldg., Houston 77002, 713-651-1300.
[D8] Galveston Ind. School Dist. v* Booth . Dist. Ct. Galveston Co.
1079. Decision 1979, P. Ct. of Civil Appeals 1979. Decision Oct. 1979- P.
590 S.W*2d 553.0 A student contests expulsion for possession of marijuana on j
the ground that the school's guidelines did not state that such offense would
lead to an expulsion and that the school did not follow its own procedures for
hearings. G. William Rider; Rider & Wilson, 23rd £ Church, Galveston 77550,
713-763-3531.
>
[E8 SI] Garcia- vJ University Interschol'astic League . t U.S. Dist. Ct. W.D.
Nov. 1978. Withdrawn. Contesting rule that when student moves from one
school to another he is ineligible for a year; whether the rule constitutes
discrimination against migrants. Richard Gonzales, Texas Rural Legal Aid, 309
Canter Street, P.O. Box 964, Del Rio 78840, 512-775-1535.
[32] Garza v. Byington . Dist. Ct. Brooks Co. Mar. 1980. TRO Apr.
1980. Ct. of Appeals 1980. Suit contesting a rule making a student
ineligible for school sports if he plays sports outside the sta^e. Fidencio
G. Garza, 500 Par'edes Line Road, Suite 4, Brownsville 78521, 512-541-6042.
[S2] Green v. University Interscholastic League . Dist. Ct. 1979.
Sports eligibility. Douglas M. Kennedy, 1 Gaslight Square, Corpus Christi
78404, 5^2-881-9643.
[H2] Griggs v. Bo wen ., U.S. Dist. Ct. W.D. Jan, 1981. Class action.
Sp. Ed. Children in an intermediate care facility for the mentally retarded
sue fcr education to be provided by school district (most children are
requesting admission to public schools).' Renea Hicks, Advocacy Inc., 5555 *N.
Lamar St., Suite K-109, Austin 78751/512-475-5543.
[S2] Guckian v. Marshall . U.S. Dist, Ct. S.D.< 1978. Decision 1978,
P., The University Interscholastic League ruled a girl ineligible for sport3
f#r playing in a post-season non-school game. L'ill Blackburn, The 600 *
building, Corpus Christi 78473, 512-883-1993.
[H4 H6 PI] 'aryirt H. v. Austin Ind. Sohool Dist. U«S, Dist. Ct. W.D. Jan,
1931. Sp. El,. Child's right to special education—refusal of school to
classify the child as emotionally disturbed. Whether plaintiff can file in
court without going through aue process procedures when immediate aid is
needed. James Todd; Adyoca6y Tnc.i 5555 N. Lamar St., Stfite K-109* Austin
78751, 512-475-5543.
[H2 Bl] Hairgrove v, Azle Ind. School Dist . U.S. Diet* Ct. N.D. 1979.
Class action. Moot. Sp. Ed. Whether retarded children in a private
residential facility should be placed in the public schools of the district
where the facility is located (the schorl argued that the children were not
residents Gf the district for purposes of schooling). Arthur Brender, 930
Bank of Commerce Building, Fort Worth 76102, 817-334-0171 •
[D7] v. Hale Center School Bd . U.S. Dist. N.D.
1977* Settled. The school refused to permit a student to be~~valedictorian
because he was found drinking at a school picnic. J. Orvil Smith; Crenshaw,
Dupree & Milam, Box 1499, Lubbock 79401, 806-762-5281.
[D3] Harlandale Bandbooste^s v. Harlandale Ind. School Dist . Dist.
Ct. Bexar Co. Mar. 1981. Class action. Band students were suspended from
band and given F grades for band after demonstrating for dismissal of the band
leader. Luis M. Segura, Law Offices of Luis M. Segura, 523 South Main Street,
San Antonio 78204, 512-225-6191. * /
[D4] Hernandez v. Lara . Dist. Ct. Willacy Co. 1979. Damage suit
against teacher for having injured a student's hand in corporal punishment with
a wooden paddle. Robin Alexander, Texas Rural Legal Aid, 305 East Jackson,
Harlingen 78550, 512-423-3111*
[H6 PI] Hopkins v. Aldine Ind. School Dist. U.S. Dist. Ct. S.D. 1979.
Sp. Ed. Parents contested the power of the school board to review the hearing
examiner's decision and requested an oral communication program instead of a
total communication program. J. Patrick Wiseman; Nelson and Mallett, 3303
Main Street, Houston 77002, 713-526-1778.
[D5] Horton v. Goose Creek Ind. School Dist. U.S. Dist. Ct. S.D.
1980. Suit to stop use of sniffer dogs in high schqol. Val Perkins, 1100
Esperson Building, Houston 77002, 713-237-2021.
[D8] Houston v. Sheldon Ind. School Dist. Dist. Ct. Harris Co. Apr.
1981. Decision Apr. 1981, D. ouit for injunction to have children reinstated
pending hearing before the Texas Education Agency on an appeal from expulsion
for drinking. Joellen Snow, 1110 Autrey Street, Houston 77006, \713-528-49U9.
[SI] Hughes v. University Interscholastic' Leagu e. U.S. fci^t. Ct. S.D.
Sept. 1980. Moot, Suit contesting transfer rule for sports eligibility.
Damon Capps, Capitol National Bank Building, 1300 Main Street, Houston 77002,
713-858-8101.
[HI PI] Peter I. v. Kle in Ind. Schdol Dist . U.S. Dist. Ct. S.D. Aug.
1980. Preliminary injunction. Sp. Ed. Suit for 24 hour residential
placement. Challenges! authority of trie Commissioner of Education and the State
School Board to review bearing officers 1 decisions. J. Pactric Wiseman;
Melson and Mallet, 3303 Main St. Houston 77002, 713-526-1778.
£P1] Laura JT v. Pearland Ind. School Di<*t'. U.S. Dist. Ct. S.D. May' /
1981. Suit for residential placement; challenge to the Department of
Education's authority to overturn hearing examiner's decision. Sarah Scott,
917 Franklin St., Houston. 77006, 713-228-9879 •
* <. * ■
£21 Bl] Jackson v. Watso Ind. School Dist . .Dist. Ct. McLennan Co.^Dec.
1980. Ciass action. Temporary injunction Dec. 1980, Whether children can be
automatically denied admission to local schools because they are not living .
ERIC . • laslao
* *
with parents or in a court-ordered relationship; whether such admissions would
violate the desegregation decree* for Waco schools* John C. Cowley,
Waco-McLennan County Legal Aid, 214 forth 6th Street, Waco 76701', 817-752-5596.
[E6] Jacobs v. Marshall . U.S. Dist. Ct. W.D.~ Aug. 1978. Class
action. % Suit to enforce the regulations under Title IX which would permit a
girl to play on the boys 1 * baseball team where there is no girls' team. Becky
Beaver; Orr, Davis, Sanders, and Beaver, 812 San Antonio St., Austin 78701,
512-474-5791. * j
4
v [D5] ' Jones v. Latexo Ind. School Dist. U.S. Dist. Ct. E.D. June
1980. Preliminary ruling June 1980, P. 499 F. Supp, 223. Whether suspension
based on information found by random, dog-sniffing searches violates the Fourth
Amendment.. P^t Mueller, Ea^t Texas Legal Services; P.O. Box 1069, Nacogdoches
75ft6l, 713-560-1850. . >
[Bl] Joyner v. Manor Ind. School Dist . Dist. ft. Travis Co. Nov.
1980.^ Injunction. Nov. 1980. Whether* school can refute to admit student
living in district, but not with guardian or natural parent. Xavier Medina,
Legal Aid Society of Central , Texas, 500 Perry Brooks Building, 8th and Brazos,
Austin 78701>512-47£-7244. .
. ' / X - l .
[HI] . Kent v. Amarillo Ind. School Dist. U.S. Dist. Ct. N.D. Mar.
1980. 14 CHR 1187* ' Sp. Ed . .Hmlti -handicapped child seeks damages and
* placement in a private residential facility at school district expense. James
Todd, Advocacy Inc. ,'^555 N. Lamar St., Suite K-lp9 f Austin 78751, 512-475-5543.
'■[H6] Kettler Roberts . U.S. Dist. Ct. N.D. 1978. Preliminary
injunction 1978. Jp.lBd*. Whether school must address the conditions of the
children and supply services in school. 1 Also due process issue. Edward B.
Cloutmann, P.O. Box 47972, Dallas 75247, 214-630-3672.
■ ES2] Kite v. Marshall . U.S. Dist. Ct* S.D. 1978. Decision' July 1980,
P. 454 F. Supp. 1347. I 494 'F. Supp. 22?. CCA 5 1980. Contesting a rule that
students are ineligible) for ;ath*letics after attending a summer training camp.
Dern* S^effey, 3000 S. Ppst Oak Road, Houston 77056, 713^621-1851.
[31] Koohce v.j University Interscholastic League . U.S. Dist. Ct. S.D.
1980. Decision 1980, 1^. sluit contesting UIL rule making a student ineligible
for athletic? for one year ajfter transferring schools. Dean Steffey, 3000 S.
Post Oak Road, Suite 1500, F^uston 77056, 713-621-1351.
* !
C S1 3 . Layman vJ University Interscholastic League . U.S. Diat. Ct. E.D.
Sept. 1980. TRO denieq 1980* Contesting the transfer rule for eligibility to
play school sports. ijfcle Long, 1019 Kirst Place, Tyler 75702, 214-592-1641.
R3] Lubbock Civil Liberties Union v* Lubbock Ind. School Dist. U.S.
Dist. Ct.. N.D. 1979* Decision Dec. 1980, M. ■ CCA 5 Jan. 1981. Seeks to
enjoin the school fpbm 1 sponsoring; bible reading and from permitting the Gideon
Society to distribute biblesi in school. Thomas J. Griffith, 1208 13th St.,
Lubbock 794 01 , 806-76*-0275.'
.[HI] * R uth Ann|M. v. I Alvin Ind. School -Dist. U.S. Dist. Ct. S.D.
Preliminary injunction 1^980. 1 Sp. Ed. c fsked for residential placement for
emotionally disturbed cfcild knd for reimbursement for parents' expense in
residential placement. ' J. Patrick Wiseman; Nelson and Mallett, 3303 Main
Street, Suite 300, Houston 7701)2, 713-526-1778.
1
7
CD8] Martinez v. Brazosport Ihd. School Mat.' Dist..- Ct. Brazoria Co.
1980. Settled. Expulaion contested,on due process' grounds. Joe Silvas, 132
E.< Plantation* Street, Clute 77531, 713-265-8155. » '
\J£ 5} • 4t " oCoimon v » "alias Ind. Sohool Dist.- U.S. Dlst.-Ct. N.D. Mar.
1981. Suit for damages for strip search. (Same incident as the Sapundjief-f
SSi. wS; 2i5: 3 S!32Si. Lanb; Jy8rett> Wa -* er 4 Unb ' 8U1 ■ "
*
^^ S £^«. McMillon v. Texas University Interscholastic Leag ue. U.S. Dist.
Ct-. E.D. 1979. Decision 1979, D- Student contested the .LeagUe's'rule .
* Pfojibiting participation in high school sports after four years' ^enrollment in
high school. Richard C. Hile; Tonafiill, Hile 4 ! Leister, P.O.' Box 670, Jasper
-75951 < 713-384-2501. * ' : '
' Mendiola~ v. Uredo . Dist. Ct. Webb Coi- 1978. Settled.' - .
Contesting suspension for more than -three days without, a hearing. 7 , Mat*a Elena '
Quintanilla, Texas Rural Legal Aid, P.Oi Box 888, Uredo 78040, 512-727-5191.
loftf^ ,h nS^tPhU 2 ^* Mat. Ct. Bastrop Co. May 1980.- Decision Mar.-
1981, M. 14CHR763. ELB 983. Suit for damages for' battery when teacher
struck student and for alleged harrassment when the student complairted* of the
beating. Elizabeth Gonzales, Legal Aid Society of- Central Texas, 509 Sprir* *' *
Lane, Bastrop 78602, 512-3a-3925. opra.1.5
CS1] Navarro v.. University Interscholastic League . Dist Ct. Webb Co.
Apr. 1981. Preliminary injunction denied Apr. 19 81. Withdrawn. Contesting
?S? a f r P !f le ^T st ° rtS eli « ibili ty- Paul Vasquez, 1102 Seott St., P.O.* '
Box 1541, Uredo 78040, 512-722-6550.
- 1Q ^ 6] N2££d v. Unlveralty Inter30holastlc League. U.S. Dist. W.D. '
1977. Moot. Suit attacking the defendant's requirement for "half court" '
«i e ?,J n „fS 18 ' baskefcba11 - ^vid Richards, 600 West 7th St., Austin 78701,
CH1] Ann Marie P. v. Conroe Ind. School Dist . U.S. Dist. Ct. S.D.
Jan. 1981. Sp. Ed. Suit for damages for failure to provide residential
77002T e 7J3-528!2868!! ^ Mullins ' Box and Parlsn » 3303. Wain St.', fou'sMq
loiS 1 P ? 3 4 Diane P. v. Allef Ind. School Plat. U.S. Dist. Ct. S-.D. June .
1980. Injunction granted. Sp. Ed. Seeking residential placement and damages
for expulsion of mentally retarded child from a residential school. Sarah
ocott, 917 Franklin Street, Houston 77002, 713-228-9879.
« . *
. CD8 3 Pasadena Ind. School Dist. v. Emmons . Dist. Ct. Jan. 1979.'
Decision Jan. 1979>, P. Ct. of Appeals 1979 1 Decision July L979,. D. 586
S.W.2d. 151. Suit to enjoin a suspension pending appeal to the state
Commisc.on of Education. Whether the student must exhaust administrative
remedies. Ann M. Zimmerer, P.O. Box e 4344, Pasadena '77503, 713-941-7831. -
J* 8 - 1 ^Z±™ni v- San Antonio Ind. Sohool Dist. Dist. Ct* Bexar Co. Mar.
1980. .Injunction Mar. 1980. - Suspension for marijuana posaession-whether
there can be suspension- before a hearing is' held. Jose Rodriguez ; Bexar
County Ugal Aid, 434 South Main, S*n Antonio 78204, 512-227-011*/
CHI] Bresda R. v. Houston Ind. Sohool Plat . u.S< Dist. Ct. S.D. Ju$y
* 187 ". ^2
1980. Sp. Ed. Suit to maintain child in an out-of-state residential
school. Sai*ah Scott, 917 Franklin Street, .Houston 77002, 713-228-9879.
CE2 D8] Ricks v. Lowe . U.S. Dist. Ct. W.D. Oct. 1980. Contesting
expulsion of black student for three years on two grounds: l) lack of due
process hearing, 2) school gives more punishment to blacks than to whites.
f!Sl77-5849 ' TeXaS C1Vil LibertieS Union ' 600 West 7th Street, Austin 78701,
CH1 h6 1 Daniel and David S. v. Louise Ind. School Dist . U.S. Dist. Ct.
S l ] ?i/ eb ' 198 °* Sp * M ' Seeking Placement in a private facility for one
child and better services in school for a second child. David T. Lopez, 3935
Westheimer Street, Houston 77027, 713-965-9240.
CH1 ] Davina S. v. Richardson Ind. School Dist. U.S. Dist. Ct. N.D.
Oct. 1979. Sp. Ed. Seeks 24 hour residential care* in residential
placement. Craig Enoch, 6060 North Central Expressway, Dallas 75206,
214-369-8596.
Sp.
_, CH1] Donna S. v. New Beaton . "U.S. Dist. Ct. E.D. Dec. 1979.
Ed. Multi-handicapped child wants the school board to provide private
placement. Attorney unknown.
^JJ 1 ?2 1 Howard S. v. Friendswbod Ind. School Dist. U.S. Dist. Ct. S.D.
19r8. Preliminary injunction 1978. 454 F. Supp. 634. Settled. Sp. Ed.
Suit for expenses of residential placement '(parents placed emotionally
disturbed child in residential. placement after child was expelled from
in f;^i^ Ck Wiseman 5 Nelson and Mallett, 3303 Main Street, Houston
,. CD5] Sapundjieff v. McVay . U.S. Dist. Ct. N.D. Nov. 1980. Whether a
strip search by school administrators is illegal because conducted without
probable cause. Damages sought. Douglas Larson, 810 Main Street, Dallas
75202, 214-742-3847.
[D2] Scott v. Central Ed. Agency . Dist. Ct. Travis Co. Oct. 1980.
Whether a teacher can give a failing grade in a course (and thus prevent
student's graduation) for sleeping in class when the announced criteria for
grading did not mention sleeping as a factor in grading and no other prior
notice was given. Mark Waterman, 5850 San Felipe St., Houston 77057.
713-977-2333.
:D1 D6 D8] Shock ley y. Corsicana Ind. School Dist . U.S. Dist-.' Ct. N.D.
1978. Decision Feb. 1981, D. Suit contesting suspension for possession of
marijuana, claiming that tnere was insufficient evidence that the substance was
marijuana and that the procedures violated due process. Also requested damages
75247 XP 6^!630-3C66 reCOrd3 ' Le33er ' 1341 W63t MockinKbird Lane, Dallas
tJ;* 12 ..!? 1 - 1 ^^L v ' Houston Ind. School Dist . U.S. Dist. Ct. S.D. 1980.
tro, then moot. Sp. Ed. Whether children in a residential facility located
in Houston must be admitted to the Houston public school even though their
parents are not Houston residents. Thomas Bartley, 2600 South Gessner Street,
Houston 77063, 713-780-0966.
[H6] Stearns v. Nacogdoches Ind. School Dist . Dist. Ct. Nacogdoches
Co. 1979. Settled. Obligation of the school to pay for psychological ,
ERIC
188
19-
IZltT !Si 3 f 001 and f0r ^asportation to the psychologist's
SSTnaSSJ^ ' to8t 16X33 L68al SerViC6 ' P '°- B ° X 1069, Nacogdoches
r^ CS ^77 ' „ - Sulll y an v - Un iversity Interscholastic League . Dist. Ct. Travis
So 97 '„«! 3 A ° ti0n * 1,60131011 1Q 78, D. Ct. of Appeals decision 1980, D.
? 0 Sf I e ff 3 SuPr6me Ct * 198 °* Deolsl °n 1981, P. Motion for
rehearing 1981. Suit contesting- League rule making a student ineligible to
Play a sport for one year after changing schools. H. Clyde Farrell, 600 W.
Seventh, Austin 78701, -512-476-4822.
n [ f 2 , Dl3 1ft -7jf ^r^- V * E3te3< U ' S - Dl3t - ct - N.D. 1978. Class action.
Decision 197?, D. CCA 5 1979. Claim that school district discriminates
wri^&^aSssss procedures - Edward b - cioutmann ' p -°- B ° x
_ C ?. 63 , Tatro" v. State of Texas. U.S. Dist. Ct. N.D. Nov. 1979.
Preliminary injunction denied Dec. 1979. 481 F. Supp. 1224." CCA 5 1980.
T^l.T^ T 0 ' I' , 62 L F * 2d 551 ' SP * «• Sult catheterization
2SI369-8596? 8 * 6060 "° rth ' ^nlval Expressway, Dallas 75206,
to£ jfeunaan v. City of Dallas. U.S., Dist. Ct. N.D. June 1980.
Damage suit against the Dallas school and polloe department; planitiff alleges
that undercover police brought in by the school wrongfully accused plaintiff of
S?239!jl83? nS * PaUl Carne3> 12900 PreSt ° n Rd *' Dallas -75230,
tlJf^Qfirs t l2£2§1 V ; " nlver3ltv InterseholP.AMn i-„ r . Diat . Ct. Webb Co.
£' mX' n J nJUnctlon 1)60 ' 198 °- Ct. of Appals 1980. Decision
fhl'fJ; ? 6nt contests rulln « that he is ineligible for sports under
78M0 Sll^Llsso VaSqUeZ> 1102 SCOtt Street ' P *°* *" 154 '' Lared0
\
•fa^lVo " Ind - 5 cno °l M«t. v. State Bd. of Ed. Dist. Ct. Travis Co.
Mar. I9f9. student contested suspension for violation of the dress code on
I t the dre ! 3 C ° de 13 lnvalld ' ^ck W. Prescott; Prescott,
Greenfield, Mewhinney and Wilson, -P.O. Drawer 867, Temple 765OI, 817-98612214.
[El] y^g. y. Big Spring Ind. School Dist. Diat. Ct. 1980. Title IV
desegregation suit. Frederick S. Mittelman, Room 7442, U.S. Department of
Justice, District of Columbia 20530, 202-633-4092. 01
too? 3 . ,„ United States v. Marshall Ind. School Dist . U.S. Dist. Ct. Dec.
m « < ^s^Sation of Marshall schools. John R. Moore, Civil
Rights Division, Department of Justice, Washington, D.C. 20530, 202-633-3802.
TRn D L!?L ,077^"' Everman Ind. School Diat. U.S. Dist. Ct. N.D. 1977.
TR0 denied 1977. Due process in disciplinary hearing procedure. Also
<; ™ le „ that 3t "dents are automatically suspended for the rest of the
semester if found possessing marijuana. Arthur Brender, 930 Bank of Commerce
Building, Fort Worth 76102, 817-334-0171. % u>ramerce
iJZ 1 D8 L , Wllllam3 v - Austin -Ind. School Dist . U.S.* Dist. Ct. W.D. Oct.
1978. Student's expulsion attacked on grounds that the procedure used
violates due process and the punishment given was too harsh for the
189 194
o
infractions* Xavier Medina, Legal Aid Society of Central Texas, 500 Perry
Brooks Building, 8th and Brazos, Austin 78701, 512-476-7244.
[E6] Williams v. Marshall . U.S. Dist.' Ct. S.D. 1978. TRO.
Preliminary injunction denied. Moot. A girl sought to play on a boys 1
baseball team. Matthew M. Horowitz, University -of Houston Law School, 4800*
Calhoun St., Houa&on 77004, 713-749-7650.
>
[El SI] Williams v. University Interscholastic League . Dist. Ct. Harris
Co. 1980. TRO denied, then the case was refiled in Federal *Ct. See next
case. Eligibility of student for sports after transferring to a school
outside of his district under the majority-to-minority racial transfer program
(related to the Houston desegregation effort). Edward D. Urquhart; Sponsel*
and Urquhart, 50 Briar Hollow Ln* , Houston 77027, 713-840-0920.
[El SI] Williams v. University Interscholastic League . U.S. Dist. Ct.
S.D. 1980. Withdrawn. Attack on defendant 1 ? determination that a student was
ineligible for sports because he was attending school outside of the district
of his residence (under the majority-to-minority racial transfer rule, which is
part of the Houston desegregation effort). Gerald R. Bracht; Butler, Binion,
Rice, Cook, and Knapp, 1100 Esperson Bldg., Houston 77002, 713-237-3111.
[H2 Bl] Wood v. Austin Ind. School Dist . Dist. Ct. Travis Co. Aug.
1980. Sp. Ed. Parents of a child in a state institution for mentally
retarded want the child to attend Austin schools; the question is whether the •
parents, as residents of Austin, are entitled to send children to the Austin
schools because the state institution is a separate independent school
district. Mat Kidd, P.O. Box 1802, Austin 78767, 512-476-4346.1
UTAH
[HI PI] Allred v. Utah State Office of Ed . U.S. Dist. Ct* Jan. 1981.
Sp. $d. Suit for costs of placement in residential facility; whether
administrative remedies must be exhausted when the city attorney has issued
" ruling that the school is not liable for costs. Paul C. Droz; Snow,
Christensen & Martineau, 10 Exchange Place, Salt Lake City 84111, 801-521-9000.
[B5] Granite Nutrition Coalition v. Bd. of Ed. of Granite Dist" . U.S.
Dist. Ct. May 1980. Class action. Suit for school lunch for kindergarten
students. Paul Wharton, Utahns Against Hunger, 565 East 400 South, Salt Lake
City 84102, 801-328-2561 and Lucy Billings, Utah Legal Services, 352 South
Denver St., Salt Lake City 84111, 801-328-8891.
'J&th H9] Ibrahim v. Utah School for Deaf and Blind . U.S. Dist. Ct.
1980 J Sp. Ed. Which school district has responsibility for child education —
district where child attended school or where child resided. Whether
handicapped children are entitled to over 180 days of school. Gordon F.
Esplin, 225 South 200 East, Suite 200, Salt Lake City 84111, 801-532-7937.
[R2] Lanner v. Wimmer . U.S. Dist. Ct. 1977* Class action. Decision
1978, P. 463 F. Supp. 867. CCA 10 1979. Suit to prohibit the school* board
k ID**
190
\
from granting credit to students for Mormon Seminary classes given ori release
time. Kathryn Collard, 417 Church Ave., Salt Lake City 34111, 801-534-1663.
sJ? 6 L, Matter of Chris Rocha. U.S. Dist. Ct. 1980. Settled. Sp. Ed.
in-s<?hool services for learning-disabled child-. Gordon F.
Esplin, 225 South 200 East, Suite 200, Salt Lake City 84111, 8OI-532-7937.
[HI PI] Milonas v. Williams. U.S.- Dist. Ct. 1980. Class action
Decision 1 9 80, P. CCA loTSffoT^ Sp. Ed. Suit to upgrade the quali?y*of
education given in private institutions receiving 94-142 stuaents? Ses
requirement of exhaustion of administrative remedies apply to class action ■
- suits? Kathryn Collard, H17- Church "Ave. , Salt Lake City 84111, 801-534-1663.
tfJJ mien v. Uintah Co. S chool Dist. U.S. Dist. Ct. Feb. 1979.
Decision May 1979, D. CCA 10 Jun. 1 9 79. Decision Jan. 1980, D. §1983 suit
suoervi 3 ^ ? f,^" 1 /" * non " disci P lina ^ situation. Negligent failSS to
?^ cl Ne « ligent failure t0 disn >i33 teacher. Loni F. DeLand; McRae &
DeLand, 72 E. 400 South St., Salt Lake City 84111 801-364-1333.
CH2] "Sevy_v. Jordan School Dist. Salt Lake Co. Dist. Ct. 1979. Class
^o 0n *K 1 ? )n3e !! t ? rder * SP * W - retarded children seeking entry
ss mSJTbSi^s?.'- Espnn ' 225 south 200 ^ 3t ' suite 2 °°» »** -
*■
VERMONT
CfJ] K^y. Withey. U.S. Dist. a. Dec. 1978. ELB 828. Sp. Ed.
Whether the expulsion of a handicapped child violated the following rights: a
free and appropriate public education in the least restrictive alternative the
£h» t0 an impartial hearing with due process; the right of pendency, and
notice of change of placement. Whether 94-142 provides for damages against
SSliS* 3 T°, 01 ° ff £ cial3 . and t0 what extent it abrogates Eleventh Ifenament
immunity. John D. Shullenberger, Vermont Legal Aid, 180 Church St.,
Burlington 05401, 802-863-2871. .
t
J* 2 ! Bicknell v. Vergennes Union Hi ff h Schooj Bd - U.S. Dist. Ct . Sept.
n 978 * D ?? i " L ° n AUS * 1979 ' D * 475 F. Supp. 615. CCA 2 1979. Decision 1980,
k' ^ 1 l enge . t0 the authorifc y of ^e school board to remove books which the
board finds objectionable from the school library. Richard A. Axelrod: .
Gensburg & Axelrod, P.O. Box 189, St. Johnsbury 05819, 802-7H8-8161.
1 077 23 n ^ Mask v. Bnea. Superior Ct.- Crittenden Co. 1977. Decision
1V?77, D. Student contests ineligibility for football in his fifth year of
802-863-2888. Ri ° hard Wadhams ' 253 Sou,;h Utai * n Street » Burlingtcg 05H02,
• N * °
rHn H fL a %^ V * U ' 5 - Di3t ' Ct « Jul y 1979. Class action. 13
ohk ^0. Sp. Ed. Whether education of mentally handicapped students in a
l^Zll y Se f I T? at ® d environn > e nt is a violation of 91-142. What relief would be
05401 802^6 88*' Vem ° nt D * D * ^ Pr0 ^ ect » I 80 Cburob St., Burlington '
ERLC
198
191
[HI] D.M« v> Withey . U.S. Dist. Ct. Feb. 1981. Sp. Ed. Action to
obtain placement for handicapped child. William J. Reedy, Vermont Legal Aid,
180 Church St., Burlington 05401, 802-863-2871.
- [PI] K.M. v. Wit hey . U.S. Dist. Ct. Jan. 1979. Class action.
Consent decree July 1979. Sp. Ed. Challenge to Department o£_ Educations
failure to schedule due process hearing and issue decision within 45 days.
Whit Smith, Mental Health Law. Project, 180 Church St., Burlington 05401,
802-863-2881.
• [H2 H6] Mason v. Withey . U.S. Dist. Ct. Mar* 1980. Class action. 14
CHR 1109. Sp. Ed. Wide ranging challenge to education of handicapped
children confined in state institution alleging procedural deficiencies,
failure to develop IEiEj3, and failure to place in least restrictive
environment. Whit Smith, Mental Health Law Project, 180 Church St.,
Burlington 05401, 802-863-2881.
[H2] S.S. v. Withey . U.S. Dist. Ct. Jan. 1979. Dismissed on
stipulation. 13 CHR 109. Sp. Ed. Whether child was placed in least
restrictive environment. Whit Smith, Mental Health Law Project, 180 Church
St., Burlington 05401, 802-863-2881.
[H9] Windsor Central Supervisory- Union v. Vermont State Bd. of Ed .
Superior Ct. Washington Co. Feb. 1981. Sp. Ed. Challenge to state law which
provides that the state shall pay special education costs within funds
available, the schools to pay any excess. Schools say unconstitutional and
that state should pay special education costs over ordinary per pupil cost.
Who bears ultimate responsibility of cost of special education. John
Faginant; Miller, Norton & Cleary, Rutland Savings Bank Bldg., 110 Merchant
Row, Rutland 05701, 802-775-2521.
VIRGINIA
[HI] Arrington v. Prinee William Co. Publid Schools . U.S. Dist. Ct.
E.D. Aug. 1980. Decision Sept. 1980, D. Decision Mar. 1961, D. EHLR •
552:358. Sp. Bd. Suit filed before exhaustion of administrative 'remedies,
chargLig failure to pay special education costs, imposition of financial and
insurance conditions, and seeking attorneys fees. Ern Reynolds, 9014 Church
St., Manassas 22110, 703-368-4182.
[HI] Bedford' Co. Public Schools v. Hall . Cir. Ct. Bedford, Co. 1981.
Sp. Ed. Suit for residential placement. j. G. Overstreet, P.O. Box 992,
Bedford 24523, 703-586-1979.
[Fl] Bostic v. Craig Co. Schools . U.S. Dist. Ct. W.D. Apr. 1977-
Class action. Decision May 1977, M. Contesting suspension of students for
demonstrating because some teachers were refused contracts. Robert F.
Dwoskin; Dwoskin & Simons, 415 4th Street, Charlottesville 22901, 804-293-8167.
[S2] Braxton v. Virginia High School League . Cir. Ct. City of
Charlottesville June 1977* Decision Aug. 1977, D. Student contests the
192 IQj
/
/
• application of the eight semester limit for sports eligibility. Robert P
Dwoskin; Dwoskin 4 Simons, 415 4th Street, Charlottesville 22901, 804-293-8167.
IQflS 13 s^Hoh ^^L 00, SchooX&K v. Spencer. Cir. Ct. Charlotte Co. May
faciiitv I m* & f'Jf * Wh f her ° hild 8h0Uld be Placed in a residential
racility. D. Patrick'Lacy, Jr., P.O. Box'1640, Richmond 23213, 804-649-7021.
~\ if 3 < « Co. School Bd. of Pittsylvania Co. v. Scruggs. Cir. Ct. June
S^^mceJ-s^dlol 9 ! 9 ' ?• , SP * 4* Appeal by 3chSorboard from sta?e
hearing officer s decision in favor of parents determining inadequacy of
program for handicapped child. See Scruggs V : Campbell , infra. Frank 0
KEJkSJS: Tate 4 Danle1 ' 116 So «*™£* StTietTDlnville 24541
nifi «■< %2ke v. Newport News School Bd . U.S. Dist. Ct. E.D.-June 1979.
Class action. Four trial ct. rulings, M, latest Jan,. l 9 8l. CCA 4 Feb? 1981.
Wide ranging charges of discrimination against black students. Oscar H
Blayton, 2017. Cunningham Dr., Hampton 23666, 804-826-4711.
ivi? 3 ? V * Vir g inia High School League . Cir. Ct. Nov. 1980.
I 9 V* by 3 high 3Ch001 ""testing the selection of another
mTt I VSiSL oi^'f'T 5 bampi0n3hiP Play0ff ' Ste P hen P « Rosenfield; "
804-296-4139? 917 East Jefferson Street, Charlottesville 22901,
[H6] DeRosario v. Kline . U.S. Dist. Ct. E.D. Apr. 1980. Consent
TtZl^' 19 ??;< SP * ffl7 ^ki»"« nought to requi^r cJool sys?em to hire
., a specially qualified teacher. William L. Botts III, Rappahannock Legal
Services, Miller Bldg. , 702 'S. Main, Culpeper 22701, 703-L5-S? 8
tH2] DeWalt v. Burkholder. U.S. Dist. ct. E.D. Jan. 1980. Decision
^;' 98 ?% D * 3 ^ 551:550. ELB 877. Sp.'Ed. Deaf child seeking
placement in own community school rather than in an out-of-county residential
placement. Gerard S. Rugel, Legal Services of Northern Virginia, 2AW?
Loudoun St., Leesbung 22075, 703-471-1999. .
d,I?\?2 Diomedi v. Davis. U.S. Dist. Ct. W.D. Mar. 1981. Sp. Ed.
Plaintift contests the. school's assignment of a full time aide to a child with
macular dystrophy claiming it will make the child too dependent and that a
S«if« \ required. Plaintiff also clai * 3 denial of a due process hearing/
24»7? Boi.f^% n 66l. rt ' 866,100 & Lan6 ' 513 *** Street ' Alta vista
D lH1 L pvi fif/f.lF 4, U *?* Di3t * Ct ' E - D ' Feb « 1978. Decision July 1978,- '
D* rvfn* Si » J f J 3 ° Ught fUl1 fUnding f0r ^idential Placements. John
D. Grad, 108 N. Columbus St., Alexandria 22313, 703-836-6595.
„ v. Jones. U.S. Dist. Ct. E.D. Nov. 1978. Class action,
settled. Sp. Ed. Whether there was a denial of due process in disciplinary
IZST, Jh SS * f et !?r 3tudent,s Placement was changed for disciplinary reasoL
rather than under the requirements of 94-142. Dale Pittman, Petersburg Legal
Aid Society, 233 S. Adams St., Petersburg 23803, 804-862-1100.
1Q80 63 Sn F .^"^anj- ^nburff Co. U.S. Dist. Ct. E.D. 1979. Settled May
] Sp. Ed. Plaintiff chargeu that learning disabled child was given
insufficient time with LD teacher. Judith A. Bennett; Bennett 4 Cohen P 0
Box 6248, Newport News 23606, 804-599-6360. '
ERIC
193 198
[H7] Fairfax Co. School Bd. v. Burgess . Cir. Ct. Fairfax Co. Mar.
1980. Decision Sept. 1980, D. Sp.JSd. Appeal by school board from state
' hearing officer's decision that school board should pay summer tuition.
Thomas J. Cawley; McCandlish, Lillard, Church & Best, P.C., 4069 Chain Bridge
Rd., Fairfax 22030, 703-273-2440. •
[HI] Fairfax Co. School Bd. v. Hurley . Cir* Ct. -Fairfax Co. Oct.
1980* Sp. Ed. Appeal by county from state hearing officer's decision
regarding residential placement. Thomas J. Cawley; McCandlish, Lillard,
Church & Best, P,C. , 4069 Chain Bridge Rd., Fairfax 22030, 703-273-2440.
[H6] Farley v. Davis . U.S. Dist. Ct. W.D. Feb. 1980. Consent
decree. Sp. Bd. Whether a deaf child is entitled to an interpreter under
94-142 and Section 504. Edward L. Hogshire; Paxson, Smith, Boyd, Gilliam &
Gouldman, 500 Commonwealth Center, Charlottesville 22902, 804-296-2161.
[Rl E2] Fiedler v. Marumsco Christian School * U.S. Dist. Ct. E.D. Mar.
1979* Decision Aug. 1979, D. CCA 4 1980. Decision Oct. 1980, P. Charge of
racial discrimination in connection with two expulsions for interracial dating;
the school claimed freedom of religion as a defense. Damages sought. Victor
M. Glasberg; Hirschkop & Grad, P.O. Box 1226, Alexandria 22$L3, ,703-836-6595-
[D8] , Galla v. Fluvanna Co. Schools . U.S. Dist. Ct. W*D. Dec. 1978.
v Settled. Whether a 5-day in-school suspension violated constitutional
rights. Denial of due process in the suspension. Robert P. Dwoskin; Dwoskin
& Simons, 415 4th Street, Charlottesville 22901, 8Q4-293-8167.
[S2] Gibson v. Virginia High School League . U.S. Dist. Ct. W.D. Apr.
1979- Decision 1979, D. SchoQl officials failed to advise the student as to
the number of^ credits required to remain eligible for sports. Plaintiff
contended 'vibration of constitution because rule is arbitrary ana capricious.
Thomas L. Rasnic, P.O. Box 635, Jonesville 24263, 703-346-3^690.
[HI] Gray v. Fairfax Co. School Bd . CiryCt. Fairfax Co. Apr. 1981.
Sp. Bd. Action to compel the school board t^ cotffply with a hearing examinees
decision concerning class separation of child and placement in a private
facility. Bdmond D. Cohn, 1508 North Veitch, Arlington 22201, 703-525-0635.
[El] Greene v. School Bd. of Alexandria . U.S. Dist. Ct. E.D. 1978.
m Decision Mar. 1979, D. 494 F.' Supp. 467 • Whether school closings and bussing
under a desegration plat, placed a larger burden on black children than on white
children and were racially discriminatory. S. W,. Tucker; Hill, Tucker, and
Marsh, 509 N. 3rd. St., Hichmond 23219, 804-648-9073.
[H3] Halifax Co. School Bd. v. Fore . Cir. Ct. Halifax Co. Mr.r.
1980. Sp. Ed. Appeal of hearing officer's decision that handicapped child* s
placement by the school was not appropriate. Donald P. Bagwell,'- Sr.; Tuck,
Bagwell, Dillard, Mapp & Nelson, Court Square, Halifax 24558, 804-476-6521.
[HI P2] Harris v. Campbell . U.S. Dist. Ct. E.D. Oct. 1978. Class
action. Decision June 1979, D. 472 F. Supp. 51. Sp. Ed. Whether a
N handicapped student, expelled from private school in which he had been placed
by the state, had exhausted administrative remedies when' the state was seeking
other placement for him and, .meanwhile, was sending teacher to his home. Joan
DeLise, Legal Services of Northern Virginia, 2009 N. I45h St., Suite 705,
- Arlington 22207, 703-841-0304.
• 194 19 i) >
ft CP8] » Hillman v, Elliott. U.S. Dist. Ct. W.D. May 1977. T R0 May.
1977. Decision Aug. 1977, D. H 36 F.Supp. 812. Whether a student received
lit £T° ces ! i ? connecti °n with a three-day suspension. Walton D. Morris, Jr.,
807 Clear Spring Rd., Great Falls 22066, 202-343-4671.
" C j>33 Jones v. Wright. U.S. Dist. Ct. W.D. Oct. 1978. Decision Oct.
1978, M. A boy suspended from athletic competition (for pushing an official)
alleged -violation of his constitutional rights because the suspension could
££££ h uo?f 30 a ^ etic scholarship in college. Rayner V. Snead, Jr.;
Edmunds, Williams, Robertson, Sackett, Baldwin 4 Graves, P.O. Box 958,
Lynchburg 24505, 804-846-6591.
[H6] LaRue v. Fairfax Co . U.S. Dist. Ct. E.D. Jan. 198I. Sp. Ed.
Whether school should provide a special speech program for a deaf child.
25" a&Js&SS/ S ° ith ' 1730 W Street N * w " Suite 805 ' d.c.
CHI] Lay ton v. Bedford School Bd . U.S. Dist. Ct. W.D. Apr. 198I.
sp. Ed. Suit for residential placement. George I. Vogel; Wilson, Hawthorne 4
Vogel, P.O. Box 2420, Roanoke 24010, 703-982-1220.
CD6 Fl] Llebner v. Sharbaugh . U.S. Dist. Ct. E.D. Feb. 1977. Settled.
Action to expunge from' the student's record any evidence of his suspension for
distributing a school newspaper, to credit him with days lost by suspension, to
revise the Students* Rights and Responsibilities Code, and for damages, costs
and attorneys fees. Jonathan Shapiro; Zwerling 4 Shapiro, 108 N. Columbus
St., Alexandria 22313, 703-836-5551.
t" 1 * Matthews v. Campbell. U.S. Dist. Ct. E.D. 1978. Decisions j an .
1979 and July 1979, P. 3 EHLR 551:264. ELB 890. Sp. Bd. Suit for tuition
o«f ? P lacftment - Ka^en C. Kincannon, 7 East Franklin, Richmond 23219,
80*l-788-1949»
tHl] - McGovern v. Sullins . U.S. Dist. Ct. E.D. 198O. Sp. Ed.
Challenge to school's failure to provide an appropriate educational program for
a handicapped girl; requests tuition and other costs of attending private v
scHool. Karen C. Kincannon, 7 East Franklin, Richmond 23219, v 804-788-1949.
CHI] Miles v. Samples. U.S. Dist. Ct. E.D. 1979. Settled. Sp. Ed.
Challenge to two county school boards' refusals to provide special schooli. t
for a mentally retarded child; question as to residency. Henry W. McLaughlin,
804?643-oS8 *"*- 823 E * Main St " 15th Fl0 ° r ' Ricnmond 2 3 219 '
it £ R5 tI f «. g !"!! r3 ' :?• ° ,Conne11 High SchoQl v « Virginia {Ugh School Leag ue.
U.S. Dist. a. E.D. 1977. Decision 1977, P. CCA 5 197 ti. Decision Aug. 1978,
D. 581 F. 2d 81. Whether a public high school league can refuse membership
to a parochial school and bar it from competition in league-sponsored athletic
contests. William G. McMurtrie; Haden, Rhatigan 4 McMurtrie, 8150 Leesburg
Pike, Vienna 22180, 7P3-821-0821.
[SI] Pegram v. Virginia High School Leag ue. Cir. Ct. City of Hampton
Nov. 1980. Decision 198O, D. Student contests application of the transfer
rule for sports eligiblity, claiming that by moving in with his brother, his
guardian, the rule did not apply. Elwood H. Richardson, Jr., P.O. Box 164,
Hampton 23669, 804-723-3750.
195 2 °0
7
C D1 ] . -Michael Petty v. Fluvanna School Bd . Cir'. Ct; Fluvanna Co. Oct* -
1979* Decision- Oct . 1979i D. Student was expelled for remainder of the year"
for attending school with alcohol on his breath* Plaintiff charged improper
application of state law by the school board* Stephen P. Rosenfield; Wyatt &
Rosenfield, 917 East Jefferson Street, Charlottesville 22901, 804-296-4139.
[H6] . Pinkerton v. Moye . U.S. Dist. Ct. W.D. Feb. 1980. Decision
1981, D. Sp. Ed. Challenge to school's failure to proyide a special program
for handicapped girl. Michael K. Crookshank, I89 Valley St., Abbington 24120,
703-628-7167.
• »
[E2 D8]^ Prince v. Co/School Bd. of Greensville Co . U.S. Dist/ct. E.D.
May 1979 • " Settled. Whether student received due process in suspension from
school; raoial discrimination alleged. Steven L. Myers, Virginia Legal Aid
Society, 412 S. Main St., Bnpor.'-a 23847, 804-634-5172.
[HI] Raphael v. Fairfax Co. Cir. Ct. Fairfax Co. July 1980. Sp.
Ed. Whether county should continue payment, during administrative appeal, for
handicapped child in a private school which had lost accreditation. Douglas
L. Pierson, 301 Maple Ave. W. , Vienna 22180, 703-281-9660.
[S2] Runion v. Virginia High School League . Cir. Ct. Shenandoah Co.
Nov. 1977* Decision 1977, D. Students challenge their ineligibility for
school track after participating in a non-school race. James P. Weisenborn,
P.O., Box 329, New Market 22844, 703-740-3159.
[H3] Rush v. Fairfax Co. Public Schools . Cir. Ct. Fairfax Co. Feb.
1980. Withdrawn. Sp. Ed. Contesting placement of a learning disabled
child.. Michael L. 0,'Reilly, 8150 Leesburg Pike, Suite 910, McLean 22101,
703-790-1911.
[HI H4] Matter of Russell .' Juvenile Ct. Charles City Co. Feb. 19 81.
Decision Feb. 1981, P. Sp* Ed. Whether, upon moving from one school district
to another, the new school district should recognize the handicapped status and
IEP of the child until it, does its own IEP. Also, whether the child "should
remain in his present placement until the new school does* its IEP. - Dale
Pittman, Petersburg Legal Aid Society, 233 S. Adams St., Petersburg 23803,
804-862-1100.
[01] Sandlin v. Pittsylvania Co. School Bd ; U.S. Dist. Ct. W.D.
1979 • Class action. Decision 1980, D. CCA 4 1980. Decision Mar. 1981, D.
Parents contest the school's refusal to promote students to the third grade,
contending that they had attained third grade reading level, and if not, it was
the fault of poor instruction. Court abstained on the ground that the federal
courts should not resolve administration problems in state agencies. Fred D.
Smith, Jr., 218 East Main Street, Martinsville 24112, 703-632-7174.
[H6 PI] Scruggs v. Campbell . U.S. Dist. Ct. E.D. Aug. 1979. Decision,
D. CCA 4 Oct. 1979. Decision Sept. 1980, D. 630 F.2d 237. Parents desire
better facilities for a physically handicapped child. The suit is to reverse
finding of the local hearing officer. The case was dismissed for failure to
exhaust administrative- remedies. Because a second case (an appeal from the
Department of Education's ruling for the plantiff) was filed in state court,
the state court had jurisdiction. The state court case is County School Board
of Pittsylvania v. Scruggs , above. William. A. Beeton; Eller, Beeton & ,Lane,
513 Main St., AltaVista 24517, 204-369-5661.
ERIC 196 201
[P21 Smith v. Dennis . U.S. Dist. Ct. 1980. Settled. Sp. Ed. Suic
contesting the expulsion of a handicapped child and requesting special
education services,. Charles Bennett, Jr., Rappahannock Legal Services, 910
Princess Ann Street, Fredericksburg 22401, 703-371-lf05.
C 32 ] Sounders \. Virginia HiRh School League . Cir. Ct. Fairfax Co.
Apr. 1980. Decision Apr. 19ff0, D. Boy declared ineligible for sports because
he had not taken required number of courses. He requested that the rule be*
waived since he tfad not been informed of requirement. George C. Towner, Jr.;
Simmond, Col^burn & Towner, P.O. Box 848, Arlington" 22216,. 703-525-7700.
in JJ 2] Steiger v. Virginia High School League. U.S. Dist. Ct. E.D. Oct.
1977. Decision 1977i D. Students contest ineligibility for tennis team
because they competed in a non-sanctioned tennis tournament. .Robert C. Adams;
Swayze, Tidings, Bryant & Adams, P.O. Box 250, Fairfax 22030, 703-591-7100.
[Rl] v Steih v. Fairfax Co. School Bd. Cir. Ct. Fairfax Co.' Mar. 1980.
Class action. Decision 1980, D. Whether graduation held on the Jewish
Sabbath, which might prevent attendance by Jewish children, violates the right *
to free exercise of religion. Michael D. Hausfeld; Kbhn, Milstein & Cohen,
1776 K Street, Washington, D.C. ^0006, 201-293-7110.
[H3] Terry v. City of Newport News . Cir, Ct. June 1979. Settled.
Sp. Bd. Plaintiff charged that schools had not provided proper placement under
94-142. Edward C. Newton; Rixey, Helig & McHenry, 2013 Cunningham Dr.,
Hampton 23666, 804-838-8021.
[D8] Tune v. Wood . U.S. Dist. Ct. W.D. May 1979. TRO, then
. settled.. Question of due process on expulsion. Joel C. Cunningham, Virginia
• Legal Aid, Inp., P.O. Box 640, Halifax 24558, 804-476-2136.
[ Fi *] Whitaker v.' Greenville Co. School Bd . Cir. Ct. Feb.'l98l.
Decision Mar. 1981, P. Student sues'to obtain his records under the state
freedom of information act. Steve L. Myers, Virginia Legal Aid Society, 412
South Main Street, Emporia 23847, 804-634-5172.
C 02 ] Whitehead v. Bedford Co. School Bd. Cir. Ct. Parents claim '
* that an "F" grade, because of a missed band trip, is arbitrary. Clifford R.
Weckstein; Lichtenstein, Weckstein & Raney, 132 West Campbell, Roanoke 24011,
703-344-3233.
[H6] . Wilson v. Fairfax Co. School Bd. Cir. jCt. Fairfax Co. Oct. -
1979. Withdrawn. Sp. Ed. Whether school personnel should 'help multiple,
handicapped child up stairs when returned home by bus. Gerard S. Rugel, Legal
Services of Northern Virginia, 2k W. Loudoun St., Leesburg 22075, 703-471-1999.
[H6 PI] - Winfield v. Fairfax Co. School Bd. Cir. Ct. 1979. Decision
Sept. 1979, P. 3 EHLR 551:269. ELB 875. Sp. Ed. Whether an 'independent
eyaluation musf include an evaluation of the type of education, including
techniques of instruction, needed -by a deaf child. Whe.ther administrative
remedies must be exhausted. Stephen 45 . ,Mitchell; McKinley, Schmidtlein and
Mitchell, 320 King St., Suite 506, Alexandria 22314, 703-549-0780.
[E2] Wright v. Greensville Co. School Bd . U.S. Dist. Ct. E.D. May
1980. Class action. 14 CHR 762. ELB 969. Wide ranging charges of
discrimination against black students in promotion, grouping practices and
202
. 197
BUG
assignments to alternative curriculum. Norman. J. Chachkin, 733 15th St.,
•N.W., Washington, D.C. 20005 t 202-628-6700.- * '
\ WASHINGTON
C S1 3 Buchanan v. Washington. Intersoholastic Activity Assq. Superior
Ct. King Co. Sept. 1980. Decision Dec. 198 0, P.- Student contests* spqrts
ineligibility under, the- transfer rule.- B^sil L. Badley;- Carrey, Stephenson,
Siqueland, Badley, Smith & Mueller, Sixth & University Straet^l7th Floor,
Seattle *>8l(ft, 206-622-8020. '
[01] Camer v/ Brouiliet . Superior Ct. Kfng Co. Apr. 1980. Class
action. -Decision Oct. 1980, D. Washington Supreme Ct. 1980. Allegations of ,
m denial of necessaty instruction and curriculum required to -achieve the learning
objectives established by 'state law. 0 Alleged breach of duty by superintendent,
school board members and others. Pro sc. Defense attorney is Robert ■
Patterson, Assistant Attorney General, Education pivision, 533 E. 15th Avenue.
Olympia 98504, 206-753-2298.*. % ' / ' *
[H6J - Doe vT ^franklin Pierce Co. School Dist . .Superior. Ct. fringe Co..*
Sept. 1980. Sp* Ed** Action far damages for -mental and- social damage caused
•by Melay' in. providing program -for handicapped girl, and , charging
discrimination. Action for damages by parents fpr tortious Interference with"
parent child relationship. Sverre 0*, Staurset; Graves & Staurset, 402 -Tacoma
Ave. S % , Tacoma 98402, 206-3.83-3^33^ . ,
% «[H4] Gonzalez Brouillet .' Superior Ct, King Co. July 1979. Class
action. Settled Mar. 1980.* e Sp. Ed 7 Allegeji failure of schooi district €0
provide trained personnel to evaluate students who had been identified as
possibly^ handicapped . Howard Powers, Evergreen Legal Services, 618 2nd
Avenue, Seattle 98l04r 206-4 64-5963. % '
CD®3 Henriquez /. Yakima' -School Bd . Superior Ct. Yakima Co.' Kay
1680. Decision Jun^98t),*P (pending as to damages). Whether an emergency
expulsion and a mrtJsequent suspension were proper under the statutes and school
rules.' Also act/on for damages.' Jamos B* Hovis; Hovis* Cockrill, and Roy,
P.O. Box 487, Yakima 98907, 509-575-1500. ' _ -
[H6j Hunter v. Lake Washington School Dist . .Superior Ct. King Co.
1979. 'Decision Nov. 1980, P. Sp. Ed. Whether a "Total Communications" .
program is appropriate for all deaf children or whether an individual program ^
i 3 !?^^. be 4 developed for each child. Whether there is a : presumption in fatvor of
the school's determination of a program or whether the burden of proof of -
appropriateness is on the school rather than on the parents. Whether parents
should be invited to attend all IEP conferences. William L. E.<Dussault;
Sweet, Dussault, and/Neff, 219 E. Galer Street, Seattle 98102, 20 v 6-324-4300;
[Hl]^ Lake Washington School Dist . v. KeittTs . Superior £t. King Cd.
1978. ^Settled- re placement and tuition. Decision re fees 1979, for parents., -
Sp. Ed. Appeal by school district from state agency decision .that local school
district pay tuition in a private school. Also actiori by parents for attorneys
4
198 803
fees. Christopher L. Hirst; Montgomery, Purdue, Blankinship and Austin, 1515
Norton Bldg., Seattle 98104, 206-682-7090.' .
[H6] Morris v. Selah School Dist . Superior Ct. Yakima Co. Jan.
1981. Sp. Ed. ; Appeal from hearing officer 's decision requiring tutoring for
18 year old -girl who cannot read. Decision did not specify special type of
tutoring required, and school and Department of Education resist the special
tutoring. Also action for damages and reimbursement for tutoring paid for by
parents. J. Adam Moore', 24 N. Second Street," Yakima 989 01, 509-575-89 61.
t H l] Nor berg v. Edmonds School Dist .- Superior Ct. Snohomish Co.
1979. .Class Action. Decision Jan. 1981, P. Ct.'of Appeals Feb. 1981. Appeal
dropped. .Sp. Ed. Suit to enforce an implied contract between the parents and
the school 'district . District had recommended that the language impaired child
be sent to a private facility and then refused to pay the tuition. William L.
• Dassault; Sweet, Dussaum and Neff, 219 E. Galer Street, Seattle 98102,
, 206-324-4300. , .
* -"^Hwj Pa'nfierl v * Spo':ane School Dist. No. 8i .' Superior Ct. Spokane Co.
Feb. 1981. • Decision Apr. 1981, D.. Suit- by parents under state disclosure act
.to find o\t what,' if any, disciplinary action was taken .by the school board
against a^teachen who had abused .a child. Stanley A. v Kempner, Jr.; Goss, Moe,
Sampson? and Wilson, N. 1201 Ash Street, Spokane 99201,' 509-327-1545.
[S2] Romp, v.* South Kitsap School Dist. Superior Ct. Kitsap Co. 1979.
Decision Oct. 1979, M. Eligibility fdr sports— contests Washingtcn
Interscholastic Athletic Association four-year rule foi students repeating the
9th grade. William A. Coats; Kane, Vandeberg, Hartinger & Walker, One .
Washington Plaza, Suitie^lOO, Tacoma 98402, 206-383-3791;
tEl 3 . Seattle Sc hool Dist. No. 1 v. State of Washington . U.S. Dist.
Ct. W.D. Nov. 1978. Decision .June 1979, P. 473 F. Supp. 996. CCA 9 Sept.
1979. .Decision Dec. 1980, P. 633 F.2d 1338. Petition for rehearing filed
•Dec. I98O. Challenge. to the constitutionality of state statute (adopted by
popular referendum) which prohibits, mandatory bussing for desegregation
purposes; alleging, inter alia, that the statute has the effect of creating a
racial classification and is racially discriminatory since it permits bussing
for non-racial reasons, but forbids it for racial reasons. .Camden M. Hall; '
Foster, Pepper i' Riviera, 1111 3rd Ave. Bldg., Seattle 98IOI, 206-447-4400.
£ H2 H 6 3- Skidmore v. Spokane School Dist. No. 81 . Superior Ct. Spokane
Co.. 1979. Decision 1979, D. Sp. Ed. Whether the student was in the least
restrictive environment and whether the school was meeting his minimum
requirements. Bryan P. Harnetiaux; Powell and Harnetiaux, 1016 Washington
Trust Bank Building, Spokane -99204, 509-624-5196.
'[HI* H6] Washingto n Ass'n. for Retarded Citizens v. Thomas . U.S. Dist.
Ct. June 1978. Class action. Sp. Ed. Appropriate placement of handicapped
individuals. - Condition of- the institution in which plaintiffs are lodged.
Alleged violations" of State Education Act, 94-142 and 504. Linda Potter,
Evergreen Legal 'Services, 618 2nd Avenue, Seattle 98104,^206-464-5963.
Washington Education Ass'n. v. Shelton School Dist. No. 309 .
SuDerior Ct. King Co. Sept.' 1977. Class action: Decision' June 1978, D.
Washington 'Supreme Ct. 1980. Decision June 1980, P. 613 P. 2d 769. Whether
the school' districts and the Washington Interscholastic Activities Association
discriminate on the basis of sex in funding, maintaining and operating
Mr
•ptra^wriwXar activities program's. Judith A. Lonquist, General Counsel,
'^Mt?!!" &?uc * tion Association, ;i3434 8th Avenue S., Federal Way 98003,
M6 s $.41-6700j . *
ifi'C' ; - • WEST VIRGINIA
4*'SW fc-ii. , v> ^wney. U.S. - Diet. a. 1977. Decieion 1978, D. CCA 4
*2I9jt Decision May 1980,. D. 621 ?.2d. 607. Whether corporal punishment
yiolatg^ the student As constitutional rights to due process, to be free of
•* p ^£'^'ftn»sua1; punishment- and' to equal protection; also whether it violated
'SJ^fiW^ #^% nti v e d «e process rights. Daniel F. Hedges, Appalachian
^^oWen^.^'enae Fund, 1116 B Kanawha Blvd. E, Charleston 25301,
~304^344r9687:.* V ?*.
. lf% ® .Harris v . Wesfav Virgi nialSecohdary Schools Activities Commission .
' M»A» Pist. Ct. Dec i ; 1979 1979. Child transferred from a
/JwiT^te^ehgol '#>thel local .pubUc-.seKbdl at 10th grade, but was ruled /
" |S^fe^°? e ^ss r tf play' football. Plaintiff contended that since boy's
'^^*? d - al ? fe ys been in the, district, he should not be considered a "recruit."
Ctaestion irafc I whether rule was applied unconstitutionally and in a capricious
'XS^'^iSf 1 * 0 * pa^Shani Callaghah & Cailaghan, P.O. Box 432, Richwood
26261, 304.^846-2561.
[D8] Hillman v. Elliott . uJs. Dist. Ct. June 1977. Decision Aug.
„ 1977, D. . Contesting a suspension for lack of due process on the grounds that
the principal who made the initial suspension also acted as hearing officer.
Attorney unknown. j &
. C D 1 B8] Y.K. v. Clay Co. Bd. of Ed . Cir. Ct.. Clay Co. Mar. 1980.
Decision Mar. 1980, D. Supreme Ct^of Appeals decision May 1980, P.
, Seventeen r year old student found , to have marijuana cigarette in possession was
expelled; plaintiff charged lack of due process arfd undue severity of
punishment. Stephen J. Ahlgren; Ahlgren & Douglas, P.O. Box 453, Clay 25043,
'- 304-965-6755. _
[D4] - Kehrer v. Tyler Co. Bd. of Ed-. Cir. Ct. of Tyler Co. 1980.
Suit for damages and injunction for corporal punishment , claiming that the
school did,,not follow its procedures in administering punishment. H. John
Rogers, P.O. Box 490, . New Martinsville 26155, 314-455-3200^.
CH2 H6] Pehowski v. Blatnik . U.S. Dist. Ct. 1978. Class Action.
Preliminary ruling Apr. 1980, M. 14 CHR 365. Sp. Ed. Suit to force the
• Board of Education 'to provide a better special education program, alleging that
school/^aciU.ties for the handicapped are inadequate and that the school
excessiveiy'segregates the handicapped students. George-Hazlett;" Phillips
Gardill, Hazlett, & Kaiser, 6l 14th Street, Wheeling 26003, 304-232-6810.
C J33 Shrewsbury .v. Bd. of Ed. Wyoming Co . Cir. Ct. Wyoming Co. Sept.
* 1978. Decisions, D. Nov. 1978 and Mar. .1979. Ct. of Appeals decision May
„ 19o0 ? Pv Challenging the- refusal ^f the board to provide transportation to
children living on a gravel road twff miles from school, as a denial of equal
_ protection. John S. Hrko; Goode jr\ Hrko , Box 905, Mullens 25882, 304-394-5364.
ERIC
200
905
« tH3 i f^xT* 222 ^' Ralei « h Co- Bd. of Ed. U.S. Dist. Ct. Aug. 1979. Sp.
"-fintiff. charged improper placement of handicapped child. Donald L.
Pitts % 416 S. Fayette St., Beckley 25801, 304-252-5309. *
"X^ •
£V „ ' Tarantini v. West Virginia Secondary Schools Activitie s
p. Commission . Cir. Ct. Monongalia Co. 1980. Decision Oct. 1980, P. Pupil was
declared ineligible for sports because parents transferred him to another
school. Plaintiff contended that since the transfer occurred after the sports
season and was not related to sports, he was denied equal protection rights by
a capricious application of the eligibility rule. Samuel J. Angotti, 212 High
St. Morgantown 26505, 304-292-4381.
1,
WISC0NSIN
CH33 Anderson v. Thompson. . U.S. Dist. Ct. E.D. 1977. Decision 1980,
i\ 1 fT P * 12 f; CCA 7 198 °* Sp ' Whetner the educational program
was appropriate: student was classified as learning disabled", but was placed -
in a class for mentally disabled by the school. John A. Stocking; Petrie,
Sh C oi? g Ao^ iXner * Zeisi *» 111 Ewt Wisconsin Ave., Milwaukee 53202,
*tl*l — 2 76—2 85 0 •
[Bil Beloit School Dist. v. State Appeal Bd. Cir. Ct., 1980.
Decision 1980, D. a. of Appeals, 198O. Parents acquired property in
adjoining school district and seek to have property transferred to their prior
district so children could continue at same school; Daniel T. Kelley; Hansen,
Eggers, Berres & Kelly, 416 College Ave., Beloit 53511, 608-365-4401.
[pi] In the Matter of Carlin. Kenosha Co. Cir. Ct. Aug. 1979.
Whether school district had jurisdiction to expel student for conduct occurring
off school property while student was truant and which endangered the safety of
4i4?65o!2l8l? Ch001 ' PaUl F "* WolCwicz ' 2601 75tn Street » ^nosha 53140,
J* 1 * Carrillo v. Village of Whitefish Bay. U.S. Dist. Ct. E.D. Oct.
1978. Preliminary injunction Jan. 1979. Withdrawn. Parents sought review
when the treatment facility certified that the child was not in need of
treatment provided by the facility. Child had been evaluated by the school
district and was determined not to be handicapped. M. Abigail 0»Des3-
Jacobson, Sodos, Melnick & Krings, S.C., Suite 316, 152 W. Wisconsin Ave.,
Milwaukee 53203,- 414-271-2302.
f. 01] „ Gerald B. Downey v. Thompson. U.S. Dist. Ct. W.D. 1977. Class
action. Withdrawn. Whether private school students are being provided
equitable participation under Title IV-B because they must receive these
services in public buildings or other neutral sites. Plaintiffs also sought
S^f??5T- i ST t i 0n . aS ?i nSt U * S * Co^sioner of Education enjoining payment
of any Title IV funds to the state. T. Michael Bolger, Quarles & Brady, 780
N. Water /St., Milwaukee 53202, 414-277-5000.
£ H6 J Einarson v. La Crosse School Bd . U.S. Dist. Ct. W.D. 1979.
Withdrawn. Sp. Ed. Services required for deaf students-whether the school
must provide lip-reading, as opposed to only instruction in sign language.
lERJC ' 2oi 206
John A. Stocking; Petrie, Stocking, Meixner 4 Zeisig, ill East Wisconsin Ave.,
Milwaukee 53202, 414-276-2850*
r C H1 i Geiter v. State Superintendent of Public Instruction . Cir. Ct.
Rock Co. 1978. Parents sought tuition reimbursement from school district
T after unilaterally placing their mildly retarded daughters in a Catholic
I residential school. Eli Block; O'Leary & Krohn, 15 N. Main St., Janesville
53545, 608-754-2888.
[R2] Hahner v. Bd. of Ed. Cir. Ct. Class action. Decision P. Ct.
of Appeals decision P. Wisconsin Supreme Ct.* decision 1979, P. 89 Wi£. 2d
180. School board appealed from the issuance of a peremjftory writ of mandamus
directing the board to furnish transportation for parochial school students on
days on which public schools we^e not in session. Parochial schools refused to
establish school calendar and schedule that coincided with public school
calendar and schedule and demanded that transportation be provided to their
students during spring vacation. Decision affirmed. Maris Rushevics, P.O.
Box 285, Stevens Point 54481, 715-344-0890.
[E7] Kukor v. Thompson . Cir. Ct. Dane Co. Oct. 1979. Class action.
\ Milwaukee students, officials, and taxpayers sue, claiming that disparities in
: school funding viola'te the state &nd federal constitutions. Michael Jassak;
Peregrine, Marcuvitz, and Peltin, 633 W. Wisconsin Ave., Milwaukee 53203,
414-272-4833 •
[H6] Laroey v. State of Wisconsin . U.S. Dist. Ct. W.D. 1980. Sp.
Ed. Seeking better services in the school for a learning disabled child.
Linda A. Leaf, 611 N. Broadway, Milwaukee 53202, 414-765-0643.
[Bl] Madison Metropolitan School Dist. v. State of Wisconsin . Cir.
Ct. 1978. Decision 1978, P. Whether a student can attend a school two blocks
away but outside the school district, rather than a school within the district
but two miles away. Action to have property transferred from one school
district to another. Clarence Sherrod; Legal Dept., Madison Board of
Education, 545 West Dayton St., Madison 53703, 608-266-6250.
[Bl] Madison Metropolitan School Dist. v. State of Wisconsin . Cir.
Ct. 1980. Whether a student can attend a school two bl cks away but outside
the school district, rather than a school within the district but two miles
away. . Action to have property transferred from one school district to
another. Clarence Sherrod; Legal Dept., Madison Board of Education, 545 West
Dayton, Madison 53703, 608-266-6250.
[HO] McLaren v. Bd. of Ed. of Joint Dist. No. 1 . Cir. Ct. Kenosha Co.
1977. Decision D. An appeal from decision of State Superintendent of Public
Instruction upholding the appropriateness of child's special education
program. Pro se.
[B3] ~ O'Connell v. Kniskern . IKS. Dist. Ct. Apr. 1978. Class action.
Decision Feb. 1980, D. 484 F. Supp. 896. CCA 7 1980. Suit to provide
transportation for religious school students. Statute stated that school
districts must provide such transportation to students within five miles, and
« plaintiffs live 130 feet farther than 5 miles from school. Leonard W.
Schultz, P.O. Box 156, Big Bend 53103, 414-662-3100.
[Dl] M.P. v. Racine Unified School Dist. Cir. Ct. Racine Co. Apr.
1980. Class action. Decision Sept. 1980, M. Attacking across-the-board
practice of expelling students found with pot in their possession
(interpretation of state expulsion statute). Harold Harlow; Youth Policy and
Uw Center, 30 West Mifflin St. #904, Madison 53703, 608-263-6675.
10 £i 13 'n. « « frlmyra-Eafile Sohool Dist. v. Thompson. Cir. Ct. Jefferson Co. .
J I?: Decision Sept. 1978, D. State Superintendent overturned school board's
order of expulsion on grounds that student's misconduct did not satisfy
. S^ ry ^t t 2 ri Lf 0r . 9XpUl£ion - 8011001 00311(1 sou « ht ^view. Martin NU -
Harrison, 154 W. Main St., Whitewater 53190, 414-473-7900. £ '
P iJ Mr v. Milwaukee P ublic Schools . U.S. Dist. a. E.D. July
to^flJi* 88 ^? f ° n * J 6018100 SePt- 1980- M. H95 F. Supp. 864. S P . Ed. '
11 cnallen « e the termination of their day service placements. Whether
94-14 2*due process procedures are applicable to children considered under
5mX?&<£T and u " 0snter - 30 Ue3t mmi " st -
^ D i 3 , „ Racine Unified School Dist. y. Dept. of Public togtruotlon . Cir.
Ct. Racine Co. 1980. Moot, 1981. School district petition for judicial
review of State Superintendent decision and order, overturning district's
expulsion ol^tudent for failure to satisfy statutory criteria for expulsion.
& " \ ^^32-7541 ^ on >P s °n * Coates, Ltd., 840 Lake Ave., Racine 53401,
CD8]
Racine Unified School Dist. v. Thompson . Cir. Ct. Racine Co.
Decision M. a. of Appeals 1980. Whether school district could rely on
hearsay evidence in a decision to expel a student. Circuit Court answered in
the affirmative, but upheld the State Superintendent's order of reinstatement
on the merits. Gilbert Berthelsen, 524 Main St., Racine 53403, 414-637-1266.
CHI .PI] St. Mary's Hill Hospital v. Ben-Hur . Cir. a. Milwaukee Co.
19B0. Dismissed for failure to exhaust administrative remedies. Action by
hospital to recover costs of inpatient psychiatric hospitalization for
defendant's son. Defendant parents sought to implead the state and the school
district alleging that they were responsible for the hospitalization since they
allegedly failed to provide defendant's son with a free appropriate public
education. Thomas G. A. Herz; Herz, Levin, Teper, Chernoff & Sumner, 777 E.
Wisconsin Ave., Milwaukee 53202, 414-273-4333.
[SI] Wal, lace v. Wisconsin Independent School Activities Ass'n . U.S.
Dist. Ct. Mar. 1980. Decision Mar. 1980, D. The Association ruled that the
student and his team were ineligible to play in a tournament because he had
recently moved into the district./ Larry Ratzel, Milwaukee, 414-782-8395.
[SI] Wallace v. Wisconsin Independent School Activities Ass' n. Cir.
Ct. Milwaukee Co. Mar. 1980. Decision 1980, P. Challenge to Association
ruling that the student and his team were ineligible to play in a tournament
because he had recently transferred into the district. Richard E. Reilly;
Gimbel, Gimbel & Reilly, 900 MGIC Plaza, 270 East Kilbourn Ave., Milwaukee
53202, 414-271-1440.
[Dl] Weddiff v. Waupaca Unified Schools . U.S. Dist. Ct. E.D. 1978.
Class Action. Settled. Contesting suspending students for a mass disruption
and refusal to leave the school auditorium. Defense attorney is Ronald J.
Kbtneck} Isaksen, Lathrop, Esch, Hart, & dark, 'P.O. Box 1507, Madison 53701,
?08
ERICV 2 °3
[H6] Wells v. Wisconsin Dept. of Public Instruction , U.S. Dist. Ct#
W.D« 1979* Sp. Ed. Suit for better facilities and teaching for handicapped
child in a segregated class in public school* Linda A. Leaf , 611 N. Broadway,
Milwaukee 53202, 414-765-0643.
WYOMING
[Fl] Alexander v. Campbell . State Dist. Ct. Apr. 1980. Settled
1980. Whether students who protested a teacher's firing received harsher
punishments than the school rules allow. John Daly; Daly, Maycock, &
Anderson, Box 38, Gillette 82716, 307-682-5141.
[H6] Burton v. Powell School Dist. U.S~. Dist. Ct. June 1978.
Decision May 1980, M. Sp. Ed. Damage suit for failure to provide_.3pe.cial
education services to a learning disabled child. Patrick E. Hacker, 2811
Central Avenue, Cheyenne 82001, 307-634-8811.
tD8] Clements v. Bd. of Trustees of Sheridan Co. School Dist .
Sheridan Co. 1977* Decision, D. Wyoming Supreme. Ct. Decision Sept. 1978, D.
585 P.2d 197. Contesting a suspension (for blocking the school bus with his .
car) on due process grounds. Timothy S. Tarver; Koester & Tarver, 172 N. Main
Street, Sheridan 82801, 307-674-6473.
[B6] Herman v. School Dist. No. 25 . State Dist. Ct. Apr. 1979*
Decision Apr. 1979, D. Whether a school district's rule is arbitrary and
capricious when it forbids the participation in graduation ceremonies of a
senior* who has the credits to graduate, but leaves school before the end of the
school year. Robert Anderson; Anderson and Anderson P.C., Broadway at Park,
Riverton 82501, 307-856-9279 •
[PI] Laramie Co. School Dist. No. 1 v. Curtis . State Dist. Ct. 1979.
Settled. Sp. Bd. Whether or not a school district can appoint an independent
hearing officer with decision making authority under Wyoming law. Paul J.
Hickey; Horiskey, Bagley, & Hickey, P.O. Box #467, Cheyenne 82001, 307-634-1525.
[Rl] Star v. Piatt Co. School Dist. No. 1 . U.S. Dist. Ct. 1977.
Settled. Church claimed that students should be given more excused absences
to attend religious functions. Bryan E. Sharratt, Box 159, Wheatland 82201,
307-322-9211.
[Dl] Taylor v. Sheridan Co. School Dist. Dist. Ct. May 1981.
Decision May 1981, P. Expulsion for streaking contested on grounds of lack of
"evidence of degradation of morals (as required by regulations) vagueness of
regulations, and excessive punishment. Hardy Tate, 104 S. Main St., Sheridan
82801, aO7-674-9027. #
[E7] Washakie Co. School Dist. No. 1 v. Herschl er. State Dist. Ct.
June 1978. Decision May 1979, D. Wyoming Supreme Ct. 1979. Decision Jan.
1980, P. 606 P. 2d 310. U.S. Supreme Ct. denied certiorari. Challenge to the
state 1 s use -of property tax to finance education as violating the Wyoming
constitutional provision for equal protection. John W. Davis; Davis, Donnell,
& Wo-ral, 212 S.' 7th Street, Worland 82401, 307-347-8241.
m
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